Law no.22 year 2009 on Road Traffic

LAW OF REPUBLIC OF INDONESIA NUMBER 22 YEAR 2009 CONCERNING ROAD TRAFFIC AND TRANSPORTATION

[OFFICIAL TRANSLATION]

LAW OF REPUBLIC OF INDONESIA NUMBER 22 YEAR 2009 CONCERNING ROAD TRAFFIC AND TRANSPORTATION

MINISTRY OF TRANSPORTATION DIRECTORATE GENERAL OF LAND TRANSPORTATION 2010

1

FOREWORD

We send our praise up to Allah S.W.T. for His blessing and Will that this Law No. 22 of 2009 concerning Road Traffic and Transportation had been ratified on June 22, 2009. Law No. 22 of 2009 concerning Road Traffic and Transportation is in lieu of Law No. 14 of 1992 concerning Road Traffic and Transportation which was no longer suitable to the changed conditions of strategic environment and the current need of Road Traffic and Transportation implementation. The enactment of Law No. 22 of 2009 concerning Road Traffic and Transportation requires mental and moral preparedness, of both the people and apparatus, on how far is those two parties' preparedness in implementing it. Law No. 22 of 2009 has a strategic role in supporting the national development and integration as part of the efforts to improve the public welfare as mandated by 1945 Constitution of Republic of Indonesia. As part of the national transportation system, the potential and role of Road Traffic and Transportation must be extended in realizing the safety. security, welfare. orderliness of Road Traffic and Transportation practices in the frame of supporting the economic building and sciences and technology development, regional autonomy as well as the accountability of state administration.

May the issuance of this law can be useful for the public, the traffic discipline improvement and the traffic ethics and national culture realization . Thank you.

Jakarta,August2009 DIRECTORGENERAL OF LAND TRANSPORTATION signed SUROYO ALiMOESO

Law No. 22 of 2009 was issued in the frame of anticipating the development of global strategic environment that needs national tenaCity to compete in the global competition as well as to meet the demand of a new paradigm which longs for a better, transparent and accountable governmental service. In this Law the various visionary breakthroughs and quite significant changes compared to Law No. 14 of 1992 concerning Road Traffic and Transportation is formulated.

2 3

TABLE OF CONTENT - Motorized Vehicle Accessories

50

- Motorized Vehicle Public Service Station

52

Part Six

- Non Motorized Vehicle

53

Part Seven

- Registration and Identification of Motorized Vehicle

55

- Administrative Sanction

62

Part Four

Foreword

2

Table of Content

4

Part Five

Law of Republic of Indonesia Number 22 Year 2009 Concerning Road Traffic and Transportation

11

CHAPTER I

GENERAL PROVISION

13

CHAPTER II

PRINCIPLES AND OBJECTIVES

17

CHAPTER III

SCOPE OF LAW ENFORCEMENT

18

CHAPTER IV

DEVELOPMENT

19

CHAPTER V

ORGANIZING

21

Part One

. Driving License

63

CHAPTER VI

ROAD TRAFFIC AND TRANSPORTATION NETWORK 26

Part Two

- Issuance and Marking of Driving License

71

Part Three

- Driver Work Times

72

Part Four

- Administrative Sanction

73

- Road Traffic and Transportation Network Master Plan

26

Part Two

- T raffle Space

29

Part Three

- Road Reservation Fund

35

Part Four

- Terminal

36

Part Five

- Parking Facility

40

Part Six

- Supporting Facility

41

Part One

CHAPTER VII

VEHICLE Part One

Part Two

Part Three

Part Eighl CHAPTER VIII

CHAPTER IX

DRIVER

TRAFFIC Part One

43

- Technical and Operational Worthiness Requirements of Motorized Vehicle 44 - Motorized Vehicle Testing

74

- Traffic Management and Engineering

74

Part Two

- Traffic Impact Analysis

79

Part Three

- Prioritizing of Traffle SignalingTool, Traffic Signs, Road Marksand Competent Officer 81

Part Four

- Procedure for Traffic

83

Part Five

- Use of Road Other Than For Traffic Activity

94

- Right and obligation of Pedestrian in Using Traffic

95

- Traffic Need Management

96

43

- Type and Function of Vehicle

63

Part Six

45

Part Seven 4

5

Part Eight Part Nine

CHAPTER X

- Main Right of Road Users For Smoothness

- Administrative Sanction

TRANSPORTATION Part One

- Person and Goods Transportation

100

- Obligation to Provide Public Transportation 101

Part Three

- Passenger Transportation by Public Motorized Vehicle 102

Part Five Part Six

Part Seven Part Eight

- Transportation Operation

Part Nine

- Transportation Tariffs

116 123

Part Ten

- Public Passenger Transportation Subsidy

122

Part Twelve

- Obligation, Right and Responsibility of Public Transportation Company

- Organizer Responsibility

CHAPTER XII

CHAPTER XIII

124 128

129 130

ROAD TRAFFIC AND TRANSPORTATION SECURITY AND SAFETY 130 Road Traffic and Part One Transportation Security 130 Part Two

- Goods Transportation by Public Motorized Vehicle 110 - Multimodal Transportation 112 - Document of Passenger and Goods Transportation by Public Motorized Vehicle 113 - Goods Load Supervision 114

Part Eleven

Part Fourteen - Administrative Sanction CHAPTER XI

Part Two

Part Four

Part Thirteen - Public Transportation Service Industry

98 99 100

- Road Traffic and Transportation Safety

132

Part Three

- Supervision of Road Traffic and Transportation Security and Safety 133

Part Four

- Road Traffic and Transportation Security and Safety Culture

ENVIRONMENTAL IMPACT

135 136

Part One

- Road Traffic and Transportation Environmental Preservation Protection 136

Part Two

- Road Traffic and Transportation Environmental Impact Prevention and Overcome 136

Part Three

- Right and Obligation

Part Four

- AdministratIve Sanction

137 139

INDUSTRIAL AND TECHNOLOGY DEVELOPMENT OF ROAD TRAFFIC AND TRANSPORTATION FACILITY AND INFRASTRUCTURE 140 Part One

- General

6

7

140

Part Two Part Three

Part Four

Part Five CHAPTER XIV

Part Two Part Three

Part Four

141

Part One

- Road Traffic and Transportation Infrastructure Industry and Technology Development 142

Part Two

- Empowerment of Road Traffic and Transportation Infrastructure Industry 143 - Further Arrangement

TRAFFIC ACCIDENT Part One

CHAPTER XV

- Motorized Vehicle Design Development

- T raffle Accident Prevention - Traffic Accident Handling - Obligation and Responsibility - Right of Ihe Victim

144 144

Part Two CHAPTER XVI

- Administrative Sanctions

INFORMATION AND COMMUNICATION SYSTEM OF TRAFFIC AND ROAD TRANSPORTATION

154

Part Four

- Information and communication system control center - Further Arrangements

CHAPTER XVII HUMAN RESOURCES CHAPTER XVIII COMMUNITY PARTICIPATION

148 150

CHAPTER XIX

PERSON, OLD AGE PEOPLE, CHILDREN, PREGNANT WOMEN AND SICK PERSON 151 - Scope of Special Treatment

_ Information and communication system management

_ Development of information and communication 154 system

Part Five

SPECIAL TREATMENT FOR DISABLED

Part One

152

Part Three

144 145

_ Information and communication system organization

151 152

152

INVESTIGATION AND ACTION TAKING FOR ROAD TRAFFIC AND TRANSPORTATIONVIOLATION

155 157 157 158

Part One

- Investigation

160 160

Part Two

- Road Traffic and Transportation Violation Action Taking

164

_ Sequestrated Goods Handling

167

Part Three CHAPTER XX

CRIMINAL PROVISION

CHAPTER XXI

TRANSITIONAL PROVISION

CHAPTER XXII CLOSING PROVISION

8 9

168 186 187

ELUCIDATION of

187

Law of Republic of Indonesia Number 22 Year 2009 Conceming Road Traffic and Tra nsportation

190

LAW OF REPUBLIC OF INDONESIA

NUMBER 22 YEAR 2009 CONCERNING ROAD TRAFFIC AND TRANSPORTATION

MINISTRY OF TRANSPORTATION DIRECTORATE GENRERAL OF LAND TRANSPORT 2010

10

PRESIDENT OF THE REPUBLIC OF INDONESIA

LAW OF THE REPUBLIC OF INDONESIA N
Considering

a.

that Road Traffic and Transportation has a strategic role in supporting the national

development and integration as part of the efforts to improve the public welfare as mandated by 1945 Constitution of Republic of Indonesia;

b.

that Road Traffic and Transportation as part of the national transportation system,

the

Road Traffic and Transportation

must be extended its potential and role in realizing the security, safety. orderliness

and smoothness of Road Traffic and Transportation practices in the frame of supporting the economic development and territorial expansion;

C. that . ..

11

c.

d.

that the development of national and international strategic environment and demands a Road Traffic Transportation implementation which is suitable to the development of sciences and technology, regional autonomy, as well as the accountability of state administration .

Republic of indonesia.

Under The Mutual Agreement

that Law No. 14 of 1992 Concerning Road Traffic and Transportation is no longer suitable to the condition, changes on strategic environment, and the current need of Road Traffic and Transportation so it must be substituted with a new law;

e.

Article 5 paragraph (1) and Article 20 paragraphs (1) and (2) of 1945 Constitution of

In view of

HOUSE OF PEOPLE'S REPRESENTATIVE OF REPUBLIC OF INDONESIA AND PRESIDENT OF REPUBLIC OF INDONESIA

that based on such considerations as referred to in letters a, b, c, and d it is necessary to compose a Law on Traffic and Road Transportation;

HAS DICIDED:

To Stipulate

LAW CONCERNING ROAD TRAFFIC AND TRANSPORTATION

CHAPTER I GENERAL PROVtSIONS Article 1 in this Law:

1.

In view of . ..

12

Road Traffic and Transportation shall mean the integrated • system consisting of Traffic, Road Transportation, Road ' Traffic and Transportation networks, Road Traffic and Transportation infrastructure, vehicles, drivers. road users as well as their management. 2. traffic . ..

13

2.

3. 4.

5. 6.

7.

8. 9. 10. 11 .

12.

13.

Traffic shall mean the motion of vehicles and people at Road traffic spaces. Transportation shall mean the movement of people and/or goods from one place to another by vehicles at r.oa~ traffic spaces. Road Traffic and Transportation networks shall mean a chain of nodes and/or spaces of activities connected each other for the implementation of Road Traffic and Transportation. Pool shall mean the place designated for the intra and inter mode exchange in terms of Terminal, railway station, seaport, river and lake port, and/or airport. Road Traffic and Transportation Infrastructure shall mean the Traffic Space, Terminal and Road Equipment comprising the mark, sign, Traffic Signaling Tool and Road User controller and securing tool , Road observing and securing tool as well as supporting facility. Vehicle shall mean a transporting facility in the road consisting of Motor and Non- Motorized Vehicle. Motorized Vehicle shall mean each Vehicle activated by the mechanic equipment in terms of engine besides the Vehicle running on the railway trade Non-Motorized Vehicle shall mean each Vehicle activated by human and/or animal. Public Motorized Vehicle shall mean each Vehicle used for goods and/or person transportation with charge. Road Traffic Space shall mean the infrastructure designated for the movement space of Vehicle, person and/or goods in terms of Road and supporting facility. Road shall mean all parts of Road, including Ihe complementary building and its equipment deSignated for public Traffic, being on the surface. over the surface, under the surface and/or water, as well as above the waters except the railway and cable road . Terminal shall mean the pool of Public Motorized Vehicle used to arrange the arrival and departure, embarkation and disembarkation of person and/or goods as well as transportation mode movement. 14. Shelter ...

14.

15. 16.

17.

18.

19.

20.

21 .

22.

23,

24.

25. 26.

Shelter shall mean the point of stop of Public Motorized Vehicle to embark and disembark the passengers. Parking shall mean the condition where the Vehicle stops or does not move for a while and is left by the driver. Stopping shall mean the condition where the Vehicle does not move temporarily and is not left by the driver. Traffic Sign shall mean the Road eqUipment part in terms of symbol, letter, figure, sentence and/or the combination functioned as the warning, restriction, instruction or direction for the Road Users. Road Marl< shall mean the sign on the Road surface, or over the Road surface comprising the equipment or mark forming the stretching line, crossing line, slanting line as well as the symbol functioning to direct the Traffic direction and limit the Traffic interest area. Traffic Signaling Tool shall mean the electronic devices using the lamp signal that can be equipped with the voice signal to arrange the Traffic of person and/or Vehicle in the intersection or the Road section. Motor Cycle shall mean the two-wheel Motorized Vehicle with or without casing or side wagon or the three-wheel Motorized Vehicle without casing. Public Transportation Company shall mean the corporate body providing the person and/or goods transportation . service by Public Motorized Vehicle. Road User shall mean the Individual or corporate body using the Public Transportation Company service. Driver shall mean the person driving the Motorized Vehicle on the Road already possessing the Driving License. Traffic Accident shall mean an unpredictable and unintentional occurrence on the Road involving the Vehicte with or without other Road User causing the casualty and/or lost of assets. Passenger shall mean the person in the Vehicle other than the Driver and Vehicle crew. Pedestrian shall mean each person walking in the Road Traffic Space.

14

27. Road ...

15

27. 28.

29.

30.

31 .

32. 33.

34.

35.

36.

Road User shall mean the person using the Road for traffic use. Road Preservation Fund shall mean the fund specially used for maintenance, rehabilitation and reconstruction activities of the Road on sustainable basis in accordance with the standard already stipulated. Traffic Management and Engineering shall mean a series of efforts and activities comprising the planning, procurement, installation, arrangement and maintenance of Road equipment facility in the frame of realizing , supporting and maintaining the Traffic security, safety, orderliness and smoothness. Roa~ .Traffic and Transportation Security shall mean a condition where any person, goods and/or Vehicle are tree of disturbance of unlawful act, andlor fear to use traffic. Road Traffic and Transportation Safety shall mean a condition where any person Is avoided from the risk of acci~ent when using traffic due to the human being, Vehicle, Road and/or environment. Road Traffic and Transportation Orderliness shall mean a condition of using the traffic orderly in accordance with the right and obligation of any Road User. Road Traffic and Transportation Smoothness shall mean a condition of traffic using and the use of transportation which is free of obstacle and traffic jam on the Road. Road Traffic and Transportation Information and Communication System shall mean a group of subsystem interconnected through the combination, processing, storage and distribution of data related to the Road Traffic and Transportation organizing. Investigator shall mean the official of Police of State of Republic of Indonesia or Official of the certain Civil Government Employee given the special authority by the law to conduct the investigation. Co Investigator shall mean the official of Police of State of Republic of Indonesia who, due to the certain authority given, can perform the tasks of investigation as arranged in this Law.

37.

38. 39.

40.

Central Government, hereinafter referred to as Government, shall mean President of Republic of Indonesia holding the power of the state administration of the Republic of Indonesia as referred to in 1945 Constitution of Republic of Indonesia. Regional Government shall mean the governor, regenVmayor and regional apparatus as the Regional Administration organizing element. Minister shall mean the President's assistant leading the state ministry and being responsible for the administration Road Traffic and affairs in the Road sector, Transportation facilities and infrastructures, industry, technology development or education and training. Commandeer in Chief of Police of State of Republic of Indonesia shall mean the commandeer of Police of State of the Republic of Indonesia and person in charge of the organizing of the police function comprising the community security and orderliness, law enforcement, community protection, guardIanship and service.

CHAPTER It PRINCIPLE AND OBJECTIVE Article 2 The Road Traffic and Transportation shall be organized by taking into account the prinCiples of: a. transparency; b. accountability; c. sustainability; d. participative; e. benefit; r. efficiency and effective; 9. e~uality; h. integrated; i. independence.

37. Central .. .

16

Article 3 ...

17

Article 3 CHAPTER IV The Road Traffic and Transportation shall be organized with the - '. d objectives of: the realization of the secure, safe, orderly, smooth Roa

a.

b. c.

Transportation seNiee and integrated to the other transportation mode to enhance t"e national .econo~y, improve the public welfare. strengthen the natIonal U~lty and integrity as well as being able to uphold the nation dignity. the realization of the ethics of traffic and nation culture;

DEVELOPMENT

Article 5

(1 )

The state shall be responsible for the Road Traffic and Transportation and the development shall be made by the Govemment.

(2)

The Road Traffic and Transportation development as referred to in paragraph (1) shall comprise: a. planning, b. arrangement, c. control; and d. supervision.

(3)

The Road Traffic and Transportation development as referred to in paragraph (2) shall be performed by the administrator authority in accordance with the main tasks and functions comprising: a. the administration affairs in Road sector by the state ministry being responsible for the Road sector; b. the administration affairs in Road Traffic and Transportation facilities and infrastructure by the state ministry being responsible for the same; c. the administration affairs in Road Traffic and Transportation industrial development by the state ministry being responsible for the same; d. the administration affairs in Road Traffic and Transportation technology development by the state ministry being responsible for the technology development: and

and the realization of the law enforcement and legal certainty for the public. CHAPTER III SCOPE OF LAW ENFORCEMENT

Article 4 This Law shall be valid to nurture and organize the secure, safe, orderly and smooth Road Traffic and Transportation through: a. the movement act activity of the Vehicle, person andlor goods in the Road; the activity using the facility, infrastructu~e and facility b. supporting the Traffic and Road Transportatton; and

c.

the activity relating to the regist~tion and i~entification of the Vehicle and Driver, education on dOing the traffic, Traffic Management and Engineering, as well as the law enforcement of Traffic and Road Transportation.

CHAPTER IV ... 8.

18 19

administration ...

e.

administration affairs in Registration and Identification of the Veh1c1e and Driver, Legal

a.

Enforcement, Traffic Management operational and

Engineering as well as education on doing the traffic by the Police of State of Republic of Indonesia.

b.

Article 6

c. (1 )

The

Road Traffic and Transportation Development conducted by the administrator authority as referred to in Article 5 paragraph (3) shall comprise: a. the determination of target and direction of

b.

c.

d.

e.

(4)

National Road Traffic and Transportation system development policy; the determination of norm, standard, guideline, criteria and procedure for Road Traffic and Transportation organization prevailed on national basis; the stipulation on the competence of the official performing the function in national Traffic and Road Transportation; providing of extension, training, certification, licensing granting and technical assistance to the provincial and municipal/city govemment; and supervision on the implementation of norms, standard, guideline, criteria and procedure performed by the Regional Govemment.

(2)

In performing the development as referred to in paragraph (1). the Government may delegate all affairs to the provincial andfor municipalfcity governments.

(3)

The affairs of the govemment in performing the Road Traffic and Transportation development shall cover:

determination of the facility and direction of policy of the provincial and Municipal/City Road Traffic and Transportation system which network exceeds the MunicipalfCity territorial border; the providing for the extension, training, certification and permit for the public transportation companies in the province; and the supervision on the implementation of provincial Traffic and Road Transportation.

The affairs of the Municipal/City administration. in performing the Road Traffic and TransportatIon development shall comprise: the determinatIon of target and direction of the a. policy of the Municlpal/City Road. Traffic a~d Transportation system which network IS located In the Municipal/City territory; the providing of extension, training, certi~cati~n b. and permit for the public transportation In municipality/town; and the supervision of the implemenlati.on of c. Municipal/City Traffic and Road Transportation. CHAPTER V ORGANIZING Article 7

(1 )

The organizing of Road Traffic and Trans~ortation in providing the service directly to the community shall be made by the Government, Regional Government, corporate body andfor community.

a. determination ... 20

l

(2) the organizing ...

21

(2)

The organizing of Road Traffic and Transportation by the Government as referred to in paragraph (1) shall be conducted according to the main tasks and functions of the respective authority comprising :

a.

administration affairs in Road by the state ministry being responsible for the Road sector;

b.

administration affairs in Road Traffic and Transportation facility and infrastructure by the state ministry being responsible for the Road Traffic and Transportation facility and infrastructure sector;

c.

administration affairs in Road Traffic and Transportation industry development by the state ministry being responsible for industry;

d.

administration affairs in Road Traffic and Transportation technology development by the state ministry being responsible for technology

B.

administration affairs in Registration and Identification of Vehicles and Drivers, Law Enforcement, Management Operational and Traffic Engineering as well as traffic education by the State Police of the Republic of Indonesia.

development; and

Article 8 The organizing in Road sector shall comprise the arrangement, development, construction and supervision activities of Road infrastructure as referred to in Article 7 paragraph (2) letter a namely: a. Road service grade inventory and its problems; b. plan preparation and its implementation program as well as the determination of desired Road service grade; c. planning, construction and optimization of the Road line; d. improvement of Road line geometric andlor Road junction;

e. f.

g.

determination of Road class at every Road line; feasibility test of the Road function in accordance with the traffic security and safety standard; and development of information and communication in Road infrastructure. Article 9

Organizing in the Road Traffic and Transportation facility and infrastructure as referred to in Article 7 paragraph (2) letter b shall comprise: a. determination on general plan of Traffic and Road Transportation; Traffic Management and Engineering; b. Technical requirements and Road worthiness of the c. Vehicle; public transportation licensing; d. development of information and communication in Road e. Traffic and Transportation facility and infrastructure; nurturing the human resources organizing the facility and f. infrastructure of Traffic and Road Transportation; and investigation of violations to the public transportation g. licensing. technical and Road worthiness requirements .of the Vehicle requiring the expertise andlor speCial equipment performed in accordance with the provision of this Law. Article 10 Organizing in industry as referred to In Article 7 paragraph (2) letter c shall comprise: the preparation of plan and program of the Implementation a. of Vehicle industry development; b. the development of Vehicle accessories industry securing the Road Traffic and Transportation Security and Safety;

e. determlnaUon ... 22

c. the development ...

23

c.

the development of Road equipments industry securing Road Traffic and Transportation Security and Safety; Article 13 Article 11

The organizing In technology development sector as referred to in Article 7 paragraph (2) letter d shall comprise: a. the preparation of plan and program of the implementation of Vehicle technology development; b. the ~evelopment of Vehicle accessories technology secunng the Road Traffic and Transportation Security and Safety;

c.

(1 )

Road Traffic and Transportation organizing as referred to in Article 7 paragraph (1) shall be made coordinately

(2)

Road Traffic and Transportation Organizing Coordination as referred to in paragraph (1) shall be made by the Road Traffic and Transportation forum .

(3)

Road Traffic and Transportation forum shall have the task to make coordination among the organizing authority requiring the integration in planning and solving the Road Traffic and Transportation problem.

(4)

The membership of the Road Traffic and Transportation forum as referred to in paragraph (3) shall consist of the administrator, organizer, academicians and community elements.

(5)

Further provision CONCERNING ROAD TRAFFIC AND TRANSPORTATION forum shall be arranged by the government regulation.

the development of Road equipments technology securing the Road Traffic and Transportation Security and Safety; Article 12

The organizing in Registration and Identification of Vehicles and Driv~rs, ~aw Enforcement, Traffic Operational Management and Englneenng as well as Traffic education as referred to in Article 7 paragraph (2) letter e shall comprise: a. the testing and issuance of Driving License; b. the implementation of the Vehicle registration and identification; c. compilation, monitOring, processing and presentation of the Road Traffic and Transportation data; d. processing of Road Traffic and Transportation Information and Communication System control center; e. arrangement, surveillance, guarding and patrol of Traffic; f. law enforcement comprising the action taking for the violation and the Traffic Accident handling; g. traffic education; h. implementation of Traffic Management and Engineering; and

i.

implementation of Traffic operational management. Article 13 ...

24

CHAPTER VI ...

25

CHAPTER VI ROAD TRAFFIC AND TRANSPORTATION NETWORK

Part One

(3)

.

Road Traffic and Transportation Network Master Plan Article 14 (1 )

To realize the integrated Traffic and Road Transportation, the development of the Road Traffic and Transportation Network is made to connect all territories in the land.

(2)

The

Road

Traffic

and

Transportation

Network

development as referred to in paragraph (1) shall be guided by the Road Traffic and Transportation Network Master Plan according to the need.

(3)

Article 16

(1 )

The Provincial Road Traffic and Transportation Network Master Plan as referred to in Article 14 paragraph (3) letter b shall be prepared periodically by considering the Road Traffic and Transportation need and activity space on provincial scale.

(2)

The preparation and determination process of the Provincial Road Traffic and Transportation Network Master Plan as referred to in paragraph (1) shall be made by taking into account: a. National Spatial Lay Out; b. Provincial Spatial Lay Out; and c. National Road Traffic and Transportation Network Master Plan.

(3)

Provincial Road Traffic and Transportation Network Master Plan shall contain : a. estimation on man and/or goods movement according to the original destination of the travel on provincial scope; direction and policy of the role of the provincial b. Road Traffic and Transportation in the entire transportation mode;

Road Traffic and Transportation Network Master Plan as referred to as paragraph (1) shall consist of:

a.

b. c.

National Road Traffic and Transportation Network Master Plan; Provincial Road Traffic and Transportation Network Master Plan; and Municipal/City Road Traffic and Transportation Network Master Plan. Article 15

(1 )

(2)

The National Road Traffic and Transportation Network Master Plan as referred to in Article 14 paragraph (3) letter a shall be prepared periodically by considering the transportation need and activity space on national scale.

The preparation and determination process of the National Road Traffic and Transportation Network Master Plan as referred to in paragraph (1) shall take into account the National Spatial Lay Out. (3) National .. .

National Road Traffic and Transportation Network Master Plan shall contain: a. estimation on man and/or goods movement according to the original destination of the travel on national scope; direction and policy of the role of the national b. Road Traffic and Transportation in the entire transportation mode; c. National Pool location and plan of need; and d. National Traffic Space need plan.

26

c. Provincial . . .

27

c.

Provincial Pool location and need plan; and

d.

Provincial Traffic Space need plan .

Article 17

(1 )

The

MunicipaVCity Road Traffic and Transportation

Article 18 Further provision on the preparation and stipulation of ~o~ Traffic and Transportation Network Master Plan shall be set 0 by the Govemment Regulation.

Network Master Plan as referred to in Article 14 paragraph (3) letter c shall be prepared periodically by considering

Part Two

the Road Traffic and Transportation need and activity

Traffic Space

space on Municipal/City scale.

(2)

The preparation and determination process of the Municipal/City Road Traffic and Transportation Network Master Plan as referred to in paragraph (1) shall ba made

Paragraph 1 Road Class

by taking into account:

Article 19

a.

National Spatial Lay Out;

b.

National Road Traffic and Transportation Network Master Plan;

c.

Provincial Spatial Lay Out;

d.

Provincial

e.

MunicipaVCity Spatial Lay Out.

Road

Traffic

and

(1 )

Transportation

Network Master Plan; and

(3)

Municipal/City Road Traffic and Transportation Network Master Plan shall contain:

a.

b.

c. d.

estimation on man and/or goods movement according to the original destination of the travel on municipalityltown; direction and policy of the role of the Municipal/City Road Traffic and Transportation n the entire transportation mode; Municipal/City Pool location and need plan: and Municipal/City Traffic Space need plan.

"\

The Class grouping according to ~e Road class as referred to in paragraph (1) shall consist at. Road class I namely the artery and collector ~ad a. that can be passed by the Vehicle with the WIdth size not exceeding 2,500 (two thousand ~ve hundred) millimeters, the length not exceedmg 18 000 (eighteen thousand) mllhmeters, the highest size 4,200 (four thousand two hundred) millimeters and the maximum axle load 10 (ten) tons;

Article 18 ...

I

I

(2)

The road shall be classified in several classes based on: Traffic function and Intensity for the interest of the a. Road use arrangement and the Road Traffic and Transportation Smoothness: and bearing capacity to receive the maximum axle b. load and Vehicle dimension.

28

b. Road ...

29

b.

c.

d.

Road class II namely the artery, collector, local and environment roads that can be passed by the Vehicle with the width not exceeding 2,500 (two thousand frve hundred) millimeters, the tength not exceeding 12,000 (twelve thousand) millimeters, the highest size 4,200 (four thousand two hundred) millimeters and the maximum axle load 8 (eight) tons; Road class III namely the artery, collector, local and environment roads that can be passed by the Vehicle with the width not exceeding 2,100 (two thousand one hundred) millimeters, the length exceeding 9,000 (nine thousand) millimeters, the highest size 3,500 (three thousand five hundred) millimeters and the maximum axle load 8 (eight) tons; special class road namely the artery road that can be passed by the Vehicle with width size exceeding 2,500 (two thousand five hundred) millimeters, length exceeding 18,000 (eighteen thousand) millimeters, highest size 4,200 (four thousand two hundred) millimeters and maximum axle load 10 (ten) tons.

Artlcl.20

(1 )

The determination of the road class in every road line shall be made by: a. Government, for national road; b. provincial government, for provinCial road; c. municipal government, for municipality road; or d.

city government, for city road.

(2)

The road class as referred to in paragraph (1) shall be declared by the Traffic Signs.

(3)

Further provision on the road class grouping as referred to in Article 19 and the procedure for the determination of the road class as referred to in paragraphs (1) and (2) shall be governed by the government regulation. Paragraph 2 Road Use and Equipment Article 21

(3)

(4)

(5)

In a certain condition, the bearing capacity of the road class III as referred to in paragraph (2) letter c can be stipulated that the maximum axle load is less than 8 (eight) tons;

(1 )

Each Road shall have the highest speed limit as stipulated on national basis.

(2)

The highest speed limit as referred to in paragraph (1) shall be determined based on the settlement area, urban area, inter-city road, and toll road.

(3)

Upon the safety consideration or other special consideration, the Regional Government can stipulate the local highest s!",eed limit that must be declared by the Traffic Signs.

The road class based on the road infrastructure procurement specification shall be set forth in accordance with the prevailing legislation in Road sector. Further provision on special class road as referred to in paragraph (2) letter d shall be set forth by the government regulation .

Artlcl. 20 ... 30

(4) The Lowest ...

31

(4)

(5)

The lowest speed limit in the toll road shall be stipulated with the absolute limit 60 (sixty) kilometers per hour in the free stream condition.

The road being operated shall fulfill the requirement on the Road function worthiness technically and administratively.

The Road organizer shall be subject to Road function worthiness testing prior to the Road operation.

(3)

The Road organizer shall be obliged to conduct the Road function worthiness in the Road already operated periodically within the period of not more than 10 (ten) years and/or in accordance with the need.

(5)

(6)

Article 23 (1)

(2)

(4)

The Road function worthiness testing shall be conducted in accordance with the provision of the legislation.

Further provision on speed limit as referred to in paragraphs (1) and (2) shall be govemed by the government regulation.

Article 22 (1 )

(7)

The Road function worthiness testing as referred to in paragraphs (2) and (3) shall be conducted by the Road function worthiness testing team established by the Road organizer. The Road function worthiness testing team as referred to in paragraph (4) shall consist of the Road organizer element, the authority being responsible for the Road Traffic and Transportation facility and infrastructure sector as well as the State Police of the Republic of Indonesia,

The Road organizer shall be obliged in performing the Road preservation and/or Road capacity improvement to maintain the Security, Safety, Orderliness Smoothness of the Traffic and Road Transportation .

(2)

In performing the activities as referred to in paragraph (1) the Road organizer shall coordinate with the authority being responsible for the Road Traffic and Transportation facility and infrastructure and State Police of the Republic of Indonesia,

Article 24 (1)

The Road organizer shall be obliged to promptly and property repair the damaged Road that may cause the Traffic Accident.

(2)

In the event the damaged Road as referred to in paragraph (1) cannot be repaired yet the Road Organizer shall be obliged to provide the signs or marks on the damaged Road for Traffic Accident prevention.

Article 25

The result of the Road function worthiness testing shall be publicized and followed up by the Road organizer, the authority being responsible for the Road Traffic and Transportation facility and infrastructure sector and/or the State Police of the Republic of Indonesia.

(7) The Road ...

and

(1)

Each Road used for the public Traffic shall be obliged to . be equipped with the Road equipments in tenns of: a.

Traffic Signs;

b.

Road marks; Traffic Signaling Toot ;

c.

32

d. Road , ..

33

d. e. f. g. h.

(2)

Road illumination; Road User control and securing devices; Road surveillance and securing devices; facility for bicycle, Pedestrians and · disabled persons; and the support facility of the Road Traffic and Transportation activity being in the Road and outside the Road body.

Further provision on Road equipments as referred to in paragraph (1) shall be set forth by the government regulation.

I (2)

The provision on the installation of Road equipments in the certain environment road shall be set forth by the regional regulation.

Article 28

(1 )

Everybody shall be restricted to conduct the deed causing the damage andfor disturbance to the Road function.

(2)

Everybody shall be restricted to conduct the deed possibly causing the disturbance to the Road equipments function as referred to in Article 25 paragraph (1).

Article 26 (1 )

(2)

The procurement of the Road equipments as referred to In Article 25 paragraph (1) shall be made by: Government for the national road; a. b. provincial government for provincial road; c. Municipal/City government for the municipalityf city and village roads; or d. highway (toll road) corporation for the highway (toll road). The procurement of Road equipmt:lnts as referred to in paragraph (1) shall be made in accordance with the legislation.

Part Three Road Preservation Fund Article 29

(1 )

To support the service of the service of the secure, safe, orderly and smooth Road Traffic and Transportation the Road condition shall be maintained.

(2)

To maintain the Road condition as referred to in paragraph (1). the Road Preservation Fund shall be required .

(3)

Road Preservation Fund shall be used specially for the activities of the Road maintenance, rehabilitation and reconstruction.

(4)

Road Preservation Fund can be derived from the Road User and the management shall be in accordance with the legislation.

Article 27 (1 )

The Road equipments in the certain environment road shall be adjusted to the capacity, intensity and volume of Traffic. (2) The Provision ...

34

Article 30 ... 3S

Article 30 Article 34

The Road Preservation Fund Management shall be performed based on the 5ustainability, accountability. transparency. equality and suitability principles.

(1 )

Article 31

The passenger Terminal as referred to in Article 33 paragraph (2) shall be classified by the service in types A, Band C. Each type as referred to in paragraph (1) shall be distributed in several classes based on the served Vehicle intensity.

The Road Preservation Fund shall be managed by the Road Preservation Fund manager unit being responsible to the Minister in Road sector.

Article 35 Article 32 The provision on the organization and work procedure for the Road Preservation Fund manager unit shall be set forth by the

For own interest, the state-owned enterprise, regional-ow~ed enterprise and private sector may construct the goods TermlOal pursuant to the laws and regulations.

regulation of President.

Article 36 Each Public Vehicle in the route shall be obliged to stop o;,er ~n the Terminal already determined unless stipulated otherwise In the route permit.

Part Four

Terminal Paragraph 1 Function, Classification and Type of Terminal

Paragraph 2 Terminal Location Stipulation

Article 33 (1 )

Article 37

To support the smooth movement of person andlor goods

as well as intra-mode and inter-mode integration in the certain place, the Terminal can be constructed and

(1)

The determination of the Terminal location shall be made by taking into account the Terminal need plan being the part of the Road Traffic and Transportation Network . Master Plan.

(2)

The determination of the Terminal location shall be made by laking into account:

organized. (2)

Terminal as referred to in paragraph (1) shan be in terms of passenger Terminal andlor goods Terminal. Article 34 ...

36

a.

37

Transportation ...

, a.

transportation Road User accessibility grade;

b.

the land suitability to the National Spatial layout planning, Provincial Spatial layout planning I and Municipal/City Spatial layout planning;

c.

suitability to the development plan and/or performance of the Road network, route network and cross network;

d.

suitability to the development plan andlor activity center;

e.

harmony and equality to other activity;

f.

transport demand;

g.

technical, financial and economical feasibility;

h.

Road Traffic and Transportation Security and Safety; andlor

i.

Environment preservation.

Paragraph 4 Terminal Work Environment

Article 39

(1 )

Terminal work environment shall be the region designated for Terminal facility.

(2)

The Terminal work environment as referred to in paragraph (1) shall be managed by the organizer of Terminal and used for the implementation of the construction, development and operation of Terminal facility.

(3)

Terminal work environment as referred to in paragraph (1) shall be stipulated by the regional regulation of municipality/town, especially for the Province of Special Region of Jakarta Capital, it shall be stipulated by the Provincial Regional Regulation.

Paragraph 3 Terminal Facility

Article 38 (1 )

(2)

(3)

Paragraph 5

Each Terminal organizer shall be obliged to provide the Terminal facility fulfilling the safety and security requirements. Terminal facility as referred to in paragraph (1) shall comprise the main and supporting facilities.

Terminal Construction and Operation

Article 40 (1 )

a.

To maintain the condition of the Terminal facility as referred to in paragraph (2), the Terminal organizer shall be obliged to conduct the maintenance.

d.

design; design work book; Terminal master plan; Traffic impact analysis; and

e.

Analysis on environment impact.

b.

c.

(2) Paragraph 4 ...

Terminal construction shall be submitted with:

Terminal operation shall comprise the activities of:

a.

planning;

38

b. implementation ...

39

r b.

implementation; and

c.

supervision on the Terminal operational.

a. b.

Article 41 (1 )

Each Terminal organizer shall provide the Terminal

(3)

Parking facility within the Right . To Way can only be organized in the certain place In the mUniCIpal road, village road or city road shall be declared by the Traffic Signs and/or Road Marks.

(4)

Further provision on Parking Facility Service User, licensing, requirements and procedure for facility and Parking organizing for the public shall be governed by the government regulation .

service in accordance with the stipulated service standard.

(2)

Terminal service as referred to in paragraph (1) shall be subject to the charge implemented pursuant to the laws and regulations.

parking special business; or principle business support.

Paragraph 6 Further Arrangement

Article 44

Article 42

Part Five

The determination of location and construction of the Pa rking facility for the public shall be made by the Regional Government by taking into account: a. spatial layout public plan; b. traffic impact analysis; and c. the easiness for the Road Users.

Parking Facility

Part Six

Article 43

Supporting Facility

Further provision on the function , classification, type , location determination, facility, work environment, construction and operation of Terminal shall be governed by the government regulation.

(1 )

be organized outside the Right to Way according to the permit given. (2)

Article 45

The procurement of Parking facility for the public can only

The Parking facility organizing outside the Right to Way as referred to In paragraph (1) can be conducted by the Indonesian citizen individual or Indonesian corporate body in terms of:

a. parking ...

(1 )

Road The supporting facility of the Transportation organizing shall cover:

. a. b. c.

d.

Traffic

and

sidewalk: bicycle line; Pedestrian zebra cross; shelter; andlor

40

e. special ...

41

e.

special facility for disabled persons and old-age persons. CHAPTER VII

(2)

The procurement of supporting facility as referred. to in paragraph (1) shall be organized by:

VEHICLE

a.

Government for national road;

Part One

b.

provincial government for provincial road;

c.

municipal government for municipal and village

Type and Function of Vehicle

roads;

d. e.

Article 47

city government for city road; and

highway (toll road) corporation for highway (toll road).

(1 )

The vehicle shall consist of:

a. b.

motorized Vehicle; and Non motorized Vehicle.

Article 46 (1 )

(2)

The government in performing the construction, management and maintenance of the Road Traffic and Transportation supporting facility as referred to in Article 45 paragraph (2) can cooperate with the private sector.

(2)

motorized Vehicle as referred to in paragraph (1) letter a shall be classified based on the type of:

Further provision on the construction, management, maintenance as well as technical specification of the supporting facility of Road Traffic and Transportation shall be governed by the government regulation.

(3)

a. b. c. d.

motorcycle;

e.

special vehicle.

bus; cargo car; and

motorized Vehicle as referred to in paragraph (2) letters b, c and d shall be classified based on the function of:

a. b. (4)

passenger car;

Private motorized Vehicle; and Public motorized Vehicle.

Non motorized Vehicle as referred to in paragraph (1) letter b shall be classified in:

a. b.

Vehicles activated by the man; and Vehicles activated by animal.

CHAPTER VII .. .

42

Part Two . ..

43

Part Two

for motorized Vehicle

h. i. j.

Article 48

k.

Technical and Road Worthiness Requirements

(1 )

(2)

Each motorized Vehicle operated in the Road shall fulfill the technical and Road worthiness requirements.

(4)

Technical requirements as referred to in paragraph (1) shall consist of:

a. b.

c. d.

e. f.

g. h.

i. (3)

composition; equipment; size; car body; vehicle technical design according to designation; loading; using; coupling of the motorized Vehicle; andlor motorized Vehicle sticking .

Motorized Vehicle Testing Article 49

the

(1 )

The motorized Vehicle, trailer and semi trailer imported, produced and/or assembled in the home country to be operaled on Ihe Road shall be subject to lesting.

(2)

The test as referred to in paragraph (1) shal1 comprise: a. type approval test; and b. periodical test. Article 50

consisting at least:

c.

exhausted gas emission; noise; main brake system efficiency;

d.

parking brake system efficiency;

e. f.

narrow front wheel; horn voice;

g.

emanating power and main lamp light direction;

b.

Further provision on the technical and Road worthiness requirements as referred to in paragraphs (2) and (3) shall be governed by the govemment regulation. Part Three

The Road worthiness requirements as referred to in paragraph (1) shall be determined by the minimum performance of the Motorized Vehicle being measured

a.

rotary radius; speedometer accuracy; suitability of wheel performance and tire condition ; and suitability of the activating engine power to the Vehicle weight.

(1)

The type tesl as referred to in Article 49 paragraph (2) letter a shall be conducted for each motorized Vehicle, trailer and semi trailer imported, produced and/or assembled in the home country, as well as the modification of such motorized Vehicle causing such type . change .

(2)

The type test as referred 10 in paragraph (1) shall consisl of:

h. rotary ...

a. Physical ...

44

45

a.

physical test for the fulfillment of the technical and Road worthiness requirements conducted to the

motorized Vehicle foundation and Vehicle in complete condition; and b.

motorized

Research of design and engineering of the Motorized Vehicle done to the houses, loading reservoir, trailer, semi trailer and the motorized Vehicle which type is modified.

(3)

The type test as referred to in paragraph (1) shall be perfonned by the Govemment type test executing unit.

(4)

Further provision on the type test and executing unit as referred to in paragraphs (1) and (3) shall be govemed by

(5)

speCification on the production serial to the type test certificate, the sample test shall be conducted by the Government type test executing unit.

(6)

(1)

The modification of Motorized Vehicle as referred to in Article 50 paragraph (1) can be in terms of the modification of dimension, engine and transporting power ability.

(2)

Vehicle in complete condition already passing the test shall be provided with the certificate on type test passing.

The modification of Motorized Vehicle as referred to in paragraph (1) shall not endanger the traffic safety. disturb the traffic flow as well as damage the hardening layerlbearing capacity of the road passed by.

(3)

Cabin's cover, loading reservoir, trailer, semi trailer and type modification of the motorized Vehicle already passing the type test, the letter of decision on the design

Each Motorized Vehicle being modified thereby changing the construction and material requirements shall be subject to the type re-test.

(4 )

For Motorized Vehicle already undergoing the type re-test as referred to In paragraph (3) shall be subject to the reregistration and re·identification.

Article 51

(2)

The

motorized Vehicle Foundation and

motorized

and engineering ratification shall be issued. (3)

(4)

Further provision on the modification and type test shall be governed by the government regulation.

Article 52

the government regulation.

(1 )

As the guarantee for the suitability of the technical

The person in charge for production, assembly, import of the motorized Vehicle Foundation and motorized Vehicle in complete condition, houses, loading reservoir, trailer, semi trailer as well as the modified motorized Vehicle shall register the production type. As the evidence that the production type registration was already made as referred to in paragraph (3). the type test registration certificate evidence document shall be provided .

(5) As the guarantee ...

Article 53

(1 )

The periodical test as referred to in Article 49 paragraph (2) letter b shall be obliged for the public passenger cars. bus, cargo car, trailer and semi trailer operated on the Road.

(2)

Periodical test as referred to in paragraph (1) shall cover the activities of: a. physical ...

46

47

a. physical inspection and test of the motorized Vehicle; and b. test result ratification. (3)

The activities of physical inspection and testing of the Motorized Vehicle as referred to in paragraph (2) letter a shall be conducted by: a. b.

Municipal/City testing unit; executing unit of the sale agent of brand holder obtaining the permit from the Govemment; or

c.

e.

technical design of motorized accordance with the designation.

VehIcle

a. b.

exhausted gas emission of the motorized Vehicle; noise level;

c.

main brake capacity;

48

tire flow depth.

The periodical test card as referred to in P?ragraph . (5) shall contain the particulars on the motonzed Veh~cle identification and owner identification,. ~echnlcal specification, testing result and testing result validity.

(7)

The periodical testing sign as referred to in ~aragraph . (5) shall contain the particular on motonzed Vehicle identification and testing result validity.

Article 55

in

Testing on the Road worthiness requirements as referred to In paragraph (1) shall at least Cover:

speedometer accuracy; and

h.

(6)

(1 ) (3)

g.

The evidence of the passing of the periodical test of the physical inspection and testing as referred to in paragraph (1) shall be in terms of providing the test card and test sign.

worthiness requirements. The testing on the technical requirements as referred to in paragraph (1) shall cover: a. composition; b. accessories; c. size; d. car body; and

f.

narrow front wheel; emanating power and main lamp direction;

(5) Article 54

(2)

e.

The testing on the Road worthiness requirements of t~e trailer and semi trailer shall comprise the brake capacity test, tire flow depth and lamp system test.

private test executing unit obtaining the pennit

The physical inspection and testing of the public passenger car, bus, cargo car, sperial vehicle, trailer and semi trailer as referred to in Article 53 paragraph (2) letter a shall cover the testing on the technical and Road

parking brake capacity;

(4)

from the Govemment.

(1 )

d.

The testing result ratification as referred to in Article 53 paragraph (2) letter b shall be provided by: the officer having the competence stipulated by the a. Minister being responsible for the Road Traffic and Transportation Facilities and Infrastructu~es upon the suggestion of the govem~r for t~e testing conducted by the testing executing Unit of the Municipal/City govemment; and

d. parking ... b. the private ...

49

b.

(2)

,

the private person having the competence stipulated by the Minister being responsible for the Road Traffic and Transportation Facilities and Infrastructures for the testing conducted b~ the test executing unit of the sale agent of brand holder and the private test executing unit.

The competence of the officer as referred to in paragraph (1) shall be proven by the certificate on passing the education and training.

(4 )

e.

wheel opener;

f.

helmet and light reflecting vest for the Drivers of the motorized Vehicle of four wheels or more not having the case; and

g.

first aid kit for Traffic Accident.

Further provision on Motorized Vehicle accessories as referred to in paragraphs (1). (2) ad (3) shall be govemed by the government regulation .

Article 56 Further provision on the periodical test as referred to in Articles 53, 54 and 55 shall be governed by the government regulation.

Article 58 Each Motorized Vehicle operated on the Road shall not install the accessories possibly disturbing the traffic safety.

Part Four Article 59

Motorized Vehicle Accessories Article 57 (1)

(2)

(3)

Each motorized Vehicle operated on the Road shall be equipped with the motorized Vehicle accessories.

(1 )

For the certain purpose, the Motorized Vehicle can be equipped with the signal lamp and/or siren.

(2)

The signal lamp as referred to in paragraph (1) shall oonsist of:

The accessories as referred to in paragraph (1) for Motorcycle shall be in terms of Indonesian national standard helmet.

a. red; b. blue; and c. yellow.

The accessories as referred to in paragraph (1) for motorized Vehicle of four wheels or more shall at least consist of: a.

safety belt;

b.

spare tire;

c. d.

securing triangle; lifting jack; e. wneelopener .. .

(3)

The red and blue signal lamp as referred to In paragraph (2) letters a and b as well as siren as referred to in paragraph (1) shall have the function as the mark that the motorized Vehicle has the main right.

(4)

The yellow signal lamp as referred to in paragraph (2) letter e shall have the function as the warning sign for other Road Users.

50

(5) the use ...

51

(5)

The use of the signal lamp and siren as referred to in paragraphs (1) and (2) shall be as follows: a. blue signal lamp and siren shall be used for the motorized Vehicle of the State Police of the

(2)

The public service station having the certain accreditation and quality can conduct the Motorized Vehicle periodical test.

(3)

The organizing of the public service station as referred to in paragraph (1) shall fulfill the requirements stipulated by the Minister being responsible for industry sector.

(4)

The public service station organizer as referred to in paragraph (2) shall obtain the permit from the Municipal/City government based on the recommendation from the State Police of Republic of Indonesia.

maintenance and cleaning, to tow the VehIcle and special goods transportation.

(5)

The supervision on the motorized Vehicle public service station as referred to in paragraph (1) shall be conducted by the Municipal/City government.

Further provision on the requirements, procedure and arrangement of the signal lamp and siren installation as referred to in paragraph (1) shall be govemed by the govemment regulation.

(6)

Further provision on the requirements and procedure for public service station organizing shall be govemed by the government regulation.

Republic of Indonesia.

b.

red signal lamp and siren shall be used for the motorized Vehicle of detainee, Indonesian Anny guarding, fire extinguisher car, ambulance, red cross, rescue and corpse car; and

C.

yellow signal lamp without siren shall be used for highway (toll road) patrol motorized Vehicle, supervision of the Road Traffic and Transportation

facilities

(6)

(7)

and

infrastructure,

public

facility

Further provision on the procedure for the use of signal lamp and siren as referred to in ~aragraph (1) shall be govemed by the regulation of the Commander in Chief of the State Police of the Republic of Indonesia.

Part Six

Non·motorlzed Vehicle Artlcte 61

Part Five

(1)

Each Non·motorized Vehicle operated on the Road shall fulfill the safety requirements comprising: a. technical requirements; and b. goods loading procedure requirements.

(2)

Technical requ:rements as referred to in paragraph (1) . letter a shall at least cover: a. construction: b. driving system;

Motorized Vehicle Public Service Station Article 60 (1 )

,

The ~otorized Vehicle Public Service Station having the function to repair and maintain the Motorized Vehicle shall fulfill the technical and Road worth' Iness requirements.

52

(2) the public ...

c.

wheel system; d. braklng ...

53

d.

(3)

(4)

e.

braking system; lamp and light reflector; and

f.

warning alarm.

Part Seven Registration and Identification of Motorized Vehicle

The requirements for procedure of goods loading as referred to in paragraph (1) letter b shalt at least cover the dimension and weight. Further provision on safety requirements as referred to in paragraph (1) shall be governed by the government regulation.

Article 64

(1 )

Each Motorized Vehicle shall be registered.

(2)

The registration as referred to in paragraph (1) shall cover: a. registration of the new motorized Vehicle;

b. Article 62 (1)

The government shall give the easiness in traffic for the bikers.

(2)

The bikers shall be entitled to the facility supporting the

c. d.

(3)

The registration of Motorized Vehicle as referred to in paragraph (1) shall be aimed at: a. administrative orderliness; b. control and supervision of motorized Vehicle operated in Indonesia; c. easy investigation of violation and/or violence; d. planning and operational of Road Traffic and Transportation Management and Engineering; and e. national development planning.

(4)

The registration of motorized Vehicle shall be conducted by the State Police of the Republic of Indonesia through the motorized Vehicle registration management system.

(5)

The data on motorized Vehicle registration and identification shall be the part of the Road Traffic and Transportation Information and Communication System and used for the police forensic.

security, safety, orderliness and smoothness in traffic.

Article 63 (1 )

The regional government can determine the type and use of Non Motorized Vehicle in its region in accordance with the region characteristic and need.

(2)

Further provision on the type and use of the Non Motorized Vehicle as referred to in paragraph (1) shall be governed by the Municipal/City regulation.

(3)

Further provision on the type and use of Non Motorized Vehicle as referred to in paragraph (1) which is cross municipality! city in nature shall be govemed by the provincial regulation.

registration of change of identities of motorized Vehicle and owner; registration of motorized Vehicle extension; and/or registration of motorized Vehicle ratification.

Part seven ...

54

(6) further ...

(6)

Further provision on the registration as referred to in paragraph (2) shall be governed by the regulation of the Comma~der in Chief of the State Police of the Republic of Indonesia.

Article 67 (1 )

The registration and identification of motorized Vehicle, tax payment of Motorized Vehicle and the payment of the Road Traffic and Transportation Accident Fund Obligatory Contribution shall be conducted integrated and coordinated in the One Stop Integrated Administration System.

(2)

The facilities and infrastructure of the organizing of One Stop Integrated Administration System as referred to in paragraph (1) shall be provided by the Regional Government.

(3)

The mechanism of One Stop Integrated Administration System shall be coordinated by the State Police of the Republic of Indonesia.

(4)

Further provision on the requirements and procedure as well as the implementation of the One Stop Integrated Administration System as referred to in paragraph (1) shall be governed by the regulation of President.

Article 65

(1 )

The registration of the new motorized Vehicle as referred to in Article 64 paragraph (2) letter a shall cover the actIVIties of:

a.

registration and identification of motorized Vehicle and its owner;

b.

issuance of

Certificate of motorized Vehicle

Owner (BPKB) ; and

c.

issuance

of

Motorized

Vehicle

Registration

Number Document (STNK) and Motorized Vehicle Number Certificate. (2)

As. the evidence that Motorized Vehicle has been reglster,~d, the owner shall be provided with the Bukti

Kep~m'"k8n Kendaraan Barmator (Certificate Of Motor Vehicle . Ownership», Motorized Vehicle Numbering Reg~stratlon Document and Motorized Vehicle Number Certificate.

Article 68 Article 66

(1 )

Each motorized Vehicle operated on the Road shall be equipped with the Motorized Vehicle Registration Number Document and Motorized Vehicle Number Certificate.

(2)

Surat Tanda Nomor Kendaraan Bennotor (Motorized Vehicle Registration Number Document) as referred to in paragraph (1) shall contain the data on the motorized Vehicle, owner identity, Motorized Vehicle registration . number and validity.

(3)

The Motorized Vehicle Number Certificate as referred to In paragraph (1) shall contain the territory code, registration number and validity.

:he registration and Identification of Motorized Vehicle for the first time shall fulfill the requirements:

a.

possessing the type test registration certificate'

b.

posseSSing the evidence of the valid ownership;

c.

posseSSing the result.

motori~ed

Vehicle

motorized Vehicle physical checking

56

Article 67 ...

(4) Motorized ...

57

(4)

Motorized Vehicle Number Certificate shall fulfill the requirements on (ann, size, material, color and method of installation.

(5)

Besides the Motorized Vehicle Number Certificate as

Article 70 (1)

Bukti Kepemifikan Kendaraan Sermotor (Certificate of Motor Vehicle Ownership) shall be valid so long the ownership is not transferred.

(2)

Surat Tanda Nomor Kendaraan Bermotor (Motorized Vehicle Registration Number Document) and Motorized Vehicle Number Certificate shall be valid for 5 (five) years which ratification shall be requested each year.

(3)

Prior to the expiration of validity as referred to in paragraph (2) the application for extension of Sural Tanda Nomor KendafBan Bermatar (Motorized Vehicle Registration Number Document) and Motorized Vehicle Number Certificate shall be proposed.

referred to in paragraph (3), the special andlor confidential Motorized Vehicle Number Certificate. (6)

Further provision on Sural Tanda Nomer Kendaraan Bermoter (Motorized Vehicle Registration Number Document) and Motorized Vehicle Number Certificate shall be arranged by the regulation of the Chief Commander of Police of the State of the Republic of Indonesia.

Article 69 (1 )

Each motorized Vehicle not registered yet can be operated on the Road for the certain interest by being accompanied with motorized Vehicle Trial Number Certificate and Vehicle Number Trial Certificate.

(2)

Vehicle Trial

Certificate and

Vehicle

Article 71 (1 )

Owner of motorized Vehicle shall report to the Police of the State of the Republic of Indonesia if: a. the registration evidence is lost or damaged; b. technical specification andlor function of the motorized Vehicle are changed; c. motorized Vehicle ownership is transferred; or d. The Motorized Vehicle is used uninterruptedly for more than 3 (three) months outside the territory of the Vehicle registration .

(2)

Motorized Vehicle reporting as referred to in paragraph (1) letters a, band c shall be submitted to the Police of the State of the Republic of Indonesia in the place where the Motorized Vehicle is lastly registered .

Number Trial

Certificate as referred to in paragraph (1) shall be

provided by the Police of the State of the Republic of Indonesia for the corporation selling, producing, assembling or importing the motorized Vehicle . (3)

Further provision on the requirements and procedure for the providing and use of Vehicle Trial Certificate and Vehicle Number Trial Certificate shall be govemed by the regulation of the Chief Commander of Police of the State of the Republic of Indonesia.

Article 70 ...

58

(3) Motorized ...

59

(3)

Motorized Vehicle reporting as referred to in paragraph (1)

letter d shall be submitted to the Police of Ihe Siale of the Republic of Indonesia in the place where the Motorized Vehicle is operated.

Article 74 (1)

The Motorized Vehicle already registered as referred to in Article 64 paragraph (1) can be deleted from the Public Motorized Vehicle registration and identification list based on: a. the request of the Public motorized Vehicle owner; or b. the consideration of the official being authorized to conduct the registration of the motorized Vehicle.

(2)

The deletion of the Motorized Vehicle registration and identification as referred to in paragraph (1) letter b shall be conducted if: a. the motorized Vehicle Is heavily damaged thereby cannot be operated; or b. motorized Vehicle owner fails to make the reregistration at least for 2 (two) months after the expiration of Sural Tanda Nomor Kendaraan Bermotor (Motorized Vehicle Registration Number Document) v~lidity .

(3)

The Matartzed Vehicle already deleled as referred to in paragraph (1) cannot be re-regislered.

Artic le 72

(1 )

The registration of motorized Vehicle of the Indonesian National Army shall be governed by the regulation of the

Commander in Chief of Indonesian National Army and reported for the dala entry 10 Police of Siale of Republic of Indonesia.

(2)

The registration of motorized Vehicle of the Police of State

of Republic of Indonesia shall be governed by the regulation of the Commander in Chief of Police of State of Republic of Indonesia.

(3)

The registration of Motorized Vehicle of foreign state representative and international institution shall be governed by the regulation of the Commander in Chief of

Police of State of Republic of Indonesia.

Article 73 (1 )

(2)

The public Motorized Vehicle already registered can be written off from the Public Motorized Vehicle registration and identification list based on: a. the request of Public motorized Vehicle owner; or b. the suggestion of the official being authorized to grant the public transportation permit. Each Public Motorized VehiCle not u:;ed any longer as the public transportation shall be deleted from the Public Motorized VehIcle registration and identification list.

Article 75 Further prOVISion on Buldi Pemifikan Kendaran Bennotor (Certificate of Motorized Vehicles Ownership ), deletion of motorized Vehicle registration and identification as referred to in Articles 70, 73 and 74 shall be governed by the regulation of the Commandeer in Chief of the Police of State of Republic of Indonesia.

Article 74 ...

60

Part eight ...

61

Part Eight

(5)

Administrative Sanction

Article 76 (1 )

Anyone violating the provision of Article 53 paragraph (1) Article 54 paragraph (2) or paragraph (3) or Article paragraph (3) shall be subject to administrative sanction in terms of:

60

a.

written warning;

b. c.

penalty payment; permit freezing; andlor permit revocation.

d. (2)

DRIVER

Part One Driving License

public service station closing.

Each private ratifying officer violating the provIsion of Article 54 paragraphs (2) or (3) shall be subject to administrative sanction in terms of: a. written warning; b. penalty payment;

c. d.

(4 )

CHAPTER III

Anyone operating the public service station violating the provision of Article 60 paragraph (3) shall be subject to administrative sanction in terms of: a. written warning; b. penalty payment; or

c. (3)

Further provIsion on the criteria and procedure for the administrative sanction imposition as referred to in paragraphs (1), (2) and (3) shall be governed by the government regulation.

freezing of ratifying certificate; andlor revocation of ratifying certificate.

Paragraph 1 Driver Requirements

Article 77

(1 )

Each person driving the Motorized Vehicle on the Road shall possess the Driving License in accordance with the type of the motorized Vehicle being driven.

(2)

The driving license as referred to in paragraph (1) shall consist of 2 (two) types: a. Driving License for private motorized Vehicle, and b. Driving License for Public motorized Vehicle.

(3)

To obtain the Driving License, the prospective Driver shall possess the driving competence that can be obtained from the education and training or on autodidact basis.

(4)

To obtain the Driving License of the Public Motorized Vehicle, the prospective Driver shall undergo the education and training of the public transportation Driver.

~ach. testing officer or periodical test ratifying officer violating the provision of Article 54 paragraphs (2) or (3) shall be sUbject to the administrative sanction in accordance with the legislation.

62

(5) Further ... (5) the education ...

63

(5)

The education and training as referred to in paragraph (4) shall ~n.'y b~ attended by the person already possessin g the Dnvlng license for the individual motorized VehiCle.

(2)

The instructor or examiner as referred to in paragraph (1) shall be responsible for the violation andlor Traffic Accident occurred when the prospective Driver takes the lesson or examination.

Paragraph 2

(1 )

Driver Education and Training

Paragraph 3

Article 78

Form and Classification of Driving License

The ~ducation and training orgam~ed. by the institution

accreditation from the Government. (2)

(3)

The Driving License for the private motorized Vehicle as referred to in Article 77 paragraph (2) letter a shall be classified into:

The permit to organize the driving education and training provided by the Government as referred to In ara ra h (1) shall be organized by the Regional Govemm~nt. g p

Th~ . permit . for organizing the driving education and tra!mng provided by the Regional Government as referred to In paragraph (2) shall be provided based on the norms st~ndard, pro~edure and criteria stipulated by the Ministe being responsIble for the facilities and infrastructure of th r ~oad .Traffic and Transportation as well as Commandee~ In Chief of Ihe Police of the State of Ihe Republic of IndoneSIa. 1

(4 )

Article 80

on the driving shall b obtaining the permit an~

The accreditation as referred to in paragraph (1) shall b made by !he ~overnment in accordance with the ProViSio~ of the legIslation.

8.

Driving License A applies to drive the passenger and private goods car with allowable weight not exceeding 3,500 (three thousand five hundred) kilograms.

b.

Driving Licensd B I applies to drive the passenger and private individual goods car with allowable weight more than 3,500 (three thousand five hundred) kilograms.

c.

Driving License B II applies to drive the heavy equipment Vehicle, pulling Vehicle or motorized Vehicle pulling the private semi trailer or trailer with allowable weight for semi trailer or trailer of more than 1,000 {one thousand} kilograms.

d.

DrivIng License C applies to drive the Motorcycle; and

e.

Driving License 0 applies to drive the special vehicle for disable persons. Article 81

Article 79

(1 )

Whe~ le~rning

(1)

To obtain the Driving License as referred to in Article 77, each person shall fulfill the age, administrative, health . requirements and passing the examination.

(2)

The age requirements as referred to in paragraph (1) shall be determined at the lowest as follows:

the driving or taking the driving practice ~xamJnahon on the Road, each prospective Driver shall e escorted by the instructor or examiner.

(2) The Instructor ... 64

a.

65

age ...

a. b.

c.

(3)

(4 )

age of 17 (seventeen) years old for Driving Licenses A, C and 0; age of 20 (twenty) years old for Driving License B I; age of 21 (twenty one) years old for briving License B II.

Administrative requirements as referred to in paragraph (1) shall cover:

a.

personal identity in terms of Residential Identity

b.

Card; filling in the application form; and

c.

fingerprint formula.

Article 82 Driving License for the Public motorized Vehicle as referred to in Article 77 paragraph (2) letter b shall be classified into:

a. b.

c.

The health requiremenls as referred to in paragraph (11)

shall cover: a. b.

(5)

(6)

physically healthy by virtue of the certificate from the physician; and mentally heallhy by virtue of Ihe certificate on being passing the psychology test.

The requirements to pass the examination as referred to in paragraph (11) shall cover.

a.

theory examination;

b. c.

practice examination; and/or skill examination through the simulator.

Besides the requirements as referred to in paragraphs (2). (3), (4) and (5) each Motorized Vehicle Driver intending 10 propose Ihe application for: a. Driving License B 1 shall have the Driving License A for at least 12 (twelve) months; and

b.

Driving license 8 II shall have the Driving License B I for at least 12 (twelve) monlhs. Article 82 ..

The Public Driving license A applied to drive the public and goods motorized Vehicle with allowable weight not exceeding 3,500 (three thousand five hundred) kilograms; The Public Driving license B I applied to drive the public passenger and goods motorized Vehicle with allowable weight more than 3,500 (three thousand five hundred) kilograms; and The Public Driving license B II applied to drive the pulling Vehicle or motorized Vehicle pulling the semi trailer or trailer with allowable weight for semi trailer or trailer more than 1,000 (one Ihousand) kilograms.

Article 83

(1 )

Each person proposing the application to obtain the Driving License for Public Motorized Vehicle shall fulfill the age and special requirements.

(2)

The age requirements to obtain the Public motorized Vehicle Driving license as referred to in paragraph (1) shall be determined at the lowest as follows: a. age 20 (twenty) years for Public Driving License A; b. age 22 (twenty two) years for Public Driving license B I; c. age 25 (twenty five) years for Public Driving License B 11;

(3)

Special requirements as referred to in paragraph (1) shall be as follows : a. passing the theory examination comprising the knowledge on: public transportation service; 1.

66

2. public ...

67

2.

3. 4.

5. 6. 7.

b.

procedure for transporting person and/or goods;

(5)

important place in the domicile territory; type of hazardous material',

security equipment operation.

passing the practice examination comprising the knowledge on:

1.

2.

(4)

public facilities and social facilities' motorized Vehicle testing; , Besides being obliged to fulfill the age and special requirements as referred to in paragraphs (2) and (3), each person proposing the application to obtain the General Motorized Vehicle Driving License shall fulfill the provision as referred to in Article 81 paragraphs (3) and (4).

Article 84

embarking and disembarking the passengers andlor goods in the Terminal and other certain place;

The Driving License for Motorized Vehicle can be used as the motorized Vehicle Driving License which total weight is the same as or lower namely as follows:

procedure for transporting person and/or goods;

a.

General Driving License A can apply to drive the motorized Vehicle that should use Driving License A;

b.

Driving License B I can apply to drive the Vehicle that should use the Driving License A;

c.

General Driving License B I can apply to drive the motorized Vehicle that should use the Driving License A, General Driving License A and Driving License B I;

d.

Driving License B II can apply to drive the motorized Vehicle that should use the Driving License A and Driving License B I; or General Driving License B II can apply to drive the motorized Vehicle that should use Driving License A, General Driving License A, Driving License B I, General Driving License B I and Driving License B II.

3. 4.

filling in the cargo certificate' ethics of the Publ·,c motorized ' Vehicle Driver; and

5.

security equipment operation.

By taking into account the . Motorized Vehicle D' . age requirements, each application of: rrver Intending to propose the

a.

e.

b.

motorized

c. Article 85

68

(1)

Driving License shall be in terms of electronic card or . other form.

(2)

Driving License shall apply for 5 (five) years and extendible.

(5) Besides .. .

(3) Driving .. .

69

(3)

Driving License as referred to in paragraph (1) shall be

valid throughout the Indonesia.

(4)

Unitary State of Republic of

Part Two Issuance and Marking of Driving License

In the event of bilateral or multilateral agreement between the Unitary Stale of Republic of Indonesia and other state, the Driving License issued in Indonesia can also be valid

Paragraph I

in other state and the Driving License issued by other

Issuance of Driving License

state shall be valid in Indonesia. (5)

The holder of Driving License as referred to in paragraph (4) can obtain the international Driving License issued by the Police of State of Republic of Indonesia.

Article 87 (1 )

Driving License shall be provided for each prospective Driver passing the driving examination.

(2)

Driving License as referred to in paragraph (1) shall be issued by the Police of the State of the Republic of Indonesia.

(3)

The Police of the State of the Republic of Indonesia shall organize the information system of Driving License issuance.

(4 )

Each office of the Police of the State of the Republic of Indonesia in the issuance of the Driving License sector as referred to in paragraph (2) shall adhere to the procedure for issuance of the Driving License.

Paragraph 4 Function of Driving License

Article 86 (1 )

Driving License shall function as the evidence of being

competence to drive. (2)

Driving License shall function as the registration of the

Motorized Vehicle Driver containing the complete identity particular of the Driver. (3)

Data in the Driver registration can be used to support the activities of investigation, examination and identification of the police forensic.

Article 88

Further provIsion on procedure, requirements, testing and issuance of the Driving License shall be arranged by the regulation of the Chief Commander of Police of State of Republic of Indonesia.

Part Two . . . 70

Paragraph 2 . .. 71

Paragraph 2 Granting of Violation Mark In Driving license

(4)

Article 89 (1 )

In certain matter, the Driver may be employed at the longest 12 (twelve) hours a day including the rest hour for 1 (one) hour.

Police of State of Republic of Indonesia shall be authorized to give the mark or data of violation to the Driving license of the Driver committing the Traffic

Part Four Administrative Sanction

criminal act violation.

(2)

license temporarily before the judgment of the court. (3)

Article 91

Police of State of Republic of Indonesia shall be a~thorized to detain temporarily or revoke the Driving

(1)

Each officer of the Police of the State of the Republic of Indonesia in issuance of Driving License sector who violates the provisions as referred to in Article 87 paragraph (4) shall be subject to the administrative sanction in terms of discipline sanction and/or police profession ethics.

(2)

Further provision on the arrangement and procedure for the administrative sanction imposition as referred to in paragraph (1) shall be arranged by virtue of the regulation of the Commander in Chief of Police of State of Republic of indonesia.

Further provision on the granting of the mark or data on the violation as referred to in paragraphs (1) and (2) shall be arranged by virtue of the regulation of the Commandeer in Chief of State of Republic of Indonesia.

Part Three Drivers Work Times Article 90 (1 )

Each Public Transportation Company shalJ adhere to and

apply the provision on the work times, rest hour and replacement of the Public motorized Vehicle Drivers in accordance with the legislation. (2)

(3)

The work times for the Public motorized Vehicle Drivers as referred to in paragraph (1) shall be al the longest 8 (eight) hours a day. After driving the Vehicle for 4 (four) consecutive hours the Public motorized Vehicle Drivers shall be obliged to take a rest for at the shortest a half hour. (4) In ...

Article 92

(1 )

Each Public Transportation Company not adhering to and not applying the provision on the work time, rest hour and replacement of the Public Vehicle Driver as referred to in Article 90 shall be subject to the administrative sanction.

(2)

The administrative sanction as referred to in paragraph (1) shall be in terms of: a. b.

c.

written waming; administrative penalty; temporary freezing permit; and/or

72

d. permit ...

73

d.

permit revocation .

g.

control of Traffic in the junction; control of Traffic in the Road lane; andlor

h.

environment protection.

f.

(3)

Further provIsion on criteria and procedure for administrative sanction imposition as referred to in paragraph (2) shall be arranged by virtue of the government regulation .

Traffic Management and Engineering shan cover the activities of: Planning; a. arrangement; b. engineering; c. empowerment; and d. supervision. e.

CHAPTER IX TRAFFIC Part One Traffic Management and Engineering Paragraph 1

Article 94

Implementation of Traffic Management and Engineering Article 93

(1 )

(1 )

Traffic Management and Engineering shall be implemented to optimize the use of the Road network and Traffic movement in the frame of ensuring the Security, Safety, Orderliness and Smoothness of Traffic and Road Transportation.

(2)

The Traffic Management and Engineering as referred to in paragraph (1) shall be implemented by: a. stipulation on the mass transportation priority through the providing of the special lane or line or road; b. giving the safety and convenience priority for the Pedestrians; c. providing the easiness for the disabled person; d. separation or segregation of Traffic flow movement based on the land designation, mobility and accessibility; e. integration of various transportation mode: f. control ...

The planning activity as referred to in Article 93 paragraph (3) letter a shall cover: a. identification of Traffic problem; b. inventory taking and analysis of Traffic flow situation; c. inventory taking and 'analysis of person and goods transportation need; d. inventory taking and analysis of availability or accommodating capacity of the road; e. inventory taking and analysis of availability or accommodating capacity of the Vehicle; f. inventory taking and analysis of Traffic violation and Accident: g. inventory and analysis on Traffic impact: h. i.

(2)

service level determination: and determination of Road network use and Traffic movement arrangement policy plan.

The arrangement activity as referred to in Article 93 paragraph (3) letter b shall cover:

74

a. determination ..

75

a. b.

determination on the policy on R d and Traffic movement in the c rt oaR network use and e aln oad network', providing the information for Implementing the policy already

(3)

Article 95

.

~~~u~~~~unlty

in

(1)

The stipulation on policy on the use of Road network and Traffic movement as referred to in Article 94 paragraph (2) letter a in terms of instruction, restriction, waming or direction shall be governed by: a. regulation of the Minister being responsible for the Road Traffic and Transportation facilities and infrastructure for national road; b. provincial regional for provincial road ; c. municipal regional for municipality and village roads; or city regulation for city road. d.

(2)

The instruction, restriction, warning or direction as referred to in paragraph (1) shall be declared by the Traffic Signs, Road Marks andlor Traffic Signaling Tools.

The engineering activity as referred 10 in Article 93 paragraph (3) I tt e ef c shall cover: a . . Improvement of Road lane junction as well as Rd ' geometric andlor directly to the Road usO:rs; eqUlpments not relating

b.

c.

~~o~~e~~:, ~S~~"ation. repair and maintenance

Road Users; andq pments directly relating 10 Ih e Traffic engineering 0 t' frame of Impr;' pera lonal optimization In the

DVlng the orderliness and effectiveness of the la f ,smoothness

w en

(4 )

The empowerment activity paragraph (3) letter d shall as referred to in Article 93 COver the providing 'or' · I' a. d !ree ron; " . b. counseling;

c.

extension ,'

d.

training; and

e. (5)

orcement.

Paragraph 2

Responslblllty for Implementation of Traffic Management and Engineering

technical aSSistance.

Article 96

The supervision activity paragraph (3) letter e shall as referred to in Article 93 a Cover· . evaluation on the potic . . b. corrective aCUon to theY '~Plementation ; c. law enforcem . poliCY; and ent achon.

76

(1) The Minister being responsible for the Road Traffic and

Transportation facility and infrastructure shall be responsible for the implementation of the Traffic Management and Engineering as referred to in Article 94 paragraph (1) letters a, b, c, e, g, hand i, Article 94 paragraph (2), Article 94 paragraph (3) letter b, Article 94 paragraph (4) as well as Article 94 paragraph (5) letters a and b for the national road network.

Article 95 ... (2) The Minister ...

77 - "%"

35M

(2)

The Minister handling the Road shall be responsible for the implementation of the Traffie Management and Engineering as referred to in Artide 94 paragraph (1) letters a. b, d, h. hand i as well as Article 94 p~ragraph (3) letter a for the national road.

(3)

Commander in Chief of Police of the State of the Republic of Indonesia shall be responsible for the implementation of the Traffic Management and Engineering as referred to in Article 94 paragraph (1) letters a, b, f, g and i and Article 94 paragraph (3) letter c and Artide 94 paragraph (5).

(4)

Govemor shall be responsible for the implementation of the Traffic Management and Engineering as referred to in paragraphs (1) and (2) for provincial road after obtaining the recommendation from the related authority.

The police Traffic Management and Engineeri.ng as referred to in paragraph (1) shall be conducted uSing the Traffic Signs, Traffic Signaling Tools as well . as the temporary Road User controlling and securing devIces. The Police of State of Republic of Indonesia can give the recommendation on the implementation of the Traffic Management and Engineering to the related authority.

Article 98

(5)

(6)

Regent shall be responsible for the implementation of the Traffic Management and Engineering as referred to In paragraphs (1) and (2) for municipal andlor village roads after obtaining the recommendation from the related authority.

(1 )

The person in charge of the implementation. of Traffic Management and Engineering shall coordInate and prepare the analysis, evaluation and report on the implementation based on the data and performance.

(2)

The implementation report as referred to in paragraph (1) shall be conveyed to the Road Traffic and Transportation forum. Part Two

Mayor shall be responsible for the implementation of the Traffic Management and Engineering as referred to in paragraphs (1) and (2) for city road after obtaining the recommendation from the related authority.

Traffic Impact Analysis Article 99

Article 97 (1 )

In the event of sudden or situational change of Traffic flow, the Police of State of Republic of Indonesia may implement the police Traffic Management and Engineering.

(1 )

Each development plan of the activity center, settlement and infrastructure that will cause the disturbance to the Security, Safety, Orderliness and Smoothness of Road Traffic and Transportation shall be subject t the Traffic impact analysis.

(2)

The Traffic impact analysis as referred to in paragraph (1) shall at least contain:

a.

analysis on the Road Traffic and Transportation trip generation and attraction;

(2) The police ... b. traffic ...

78 79

b.

c. d.

e. (3)

Traffic performance simulation with and without the development;

~ecommendation and plan of impact hand!" Implementation; rng

Part Three Prioritizing of Traffic Signaling Tools, Traffic Signs,

responsibility of the Governrnent and developer or the constructor in impact handling; and monitoring and evaluation plan.

Road Marks and Competent Officer Paragraph 1 Requirements and Procedure for Installation of

The Traffic impact analysis findings as reterred to in paragraph (1) shall be one 0 the requirements for th developer ,to obtain the permit from the Governmen~ andlor Regional Government pursuant to the legislation.

Traffic Signaling Tools, Traffic Signs and Road Marks Article 102 (1 )

The installation of Traffic Signaling Tools, Traffic Signs and/or Road Marks which is instruction, restriction , warning or direction in nature for the network or lane of Road shall be completed within at the longest 60 (sixty) days as of the date of enforcement of the regulation of Minister responsible for the Road Traffic and Transportation facilities and infrastructure or the regional regulation as referred to in Article 95 paragraph (1) .

(2)

The Traffic Signaling Tools, Traffic Signs and/or Road Marks as referred to in paragraph (1) shall have the valid and binding force of law 30 (thirty) days after the date of installation.

(3)

Further provision on the force of law of the Traffic Signal1ng Tools, Traffic Signs and/or Road Marks shall be governed by the government regulation.

Article 100 (1 )

(2)

The Traffic impact analysis as referred to In Article 99 paragraph (1) shall be conducted b th institution having the certified expert. Y e consultant

Th~ Traffic impact analysis findings as referred to in A7'~le 99 paragraph (3) shall be approved by the authority ra a

'"9 to the Traffic and Road Transportation . Article 101

Furth~r provisi~n on ~he implementation of Traffic impact analysis as re erred to In Articles 99 and 100 shall be arranged by th government regulation . e

80

Part Three ...

Paragraph 2 ...

81

Paragraph 2

e.

Prioritizing of Traffic Signaling Tool and Traffic Signs

The action as referred to in paragraph (1) shall be prioritized than the instruction given by the Traffic Signaling Tools, Traffic Signs and/or Road Marks.

Article 103

(1 )

The Traffic Signaling Tool having the characteristic of instruction or restriction shall be prioritized than the Traffic Signs and/or Road Marks.

(2)

The Traffic Signs having the characteristic of instruction or restriction shall be prioritized than the Road Marks.

(3)

In case of Traffic jam not enabling the Vehicle movement, the yellow box mark function shall be prioritized than the

Traffic

Signaling

Tool

having

the

Road Users shall be obliged to adhere to the instruction given by the officer of the Police of State of Republic of Indonesia as referred to in paragraph (1). Further arrangement on the provision as referred to in paragraph (1) shall be stipulated by the regulation of the Commandeer in Chief of Police of State of Republic of Indonesia.

characteristic of

instruction or restriction. (4 )

transferring the direction of flow of Traffic.

Further provision on Traffic Sign. Road Marks and/or

Part Four

Traffic Signaling Tool as referred to in paragraph (1) shall be arranged by virtue of the regulation of the Minister

Procedure of Traffic Using

being responsible for the Road Traffic and Transportation facilities and infrastructure.

Paragraph Four Orderliness and Safety

Paragraph 3

Article 105

Prioritizing of The Officer Article 104 (1 )

In any certain condition for the orderly and smoothness of Traffic and Road Transportation, the Police of the State of Republic of Indonesia may take action by: a. stopping the flow of Traffic and/or Road User; b. instructing the Road Users to remain going ahead; c. accelerating the flow of Traffic; d. slowing down the flow of Traffic; and/or

Any person using the Road shall: a. behave orderly; and/or b. prevent the matters that may hamper, endanger the Road Traffic and Transportation Security and Safety, or damage the Road. Article 106 (1 )

Any person driving the motorized Vehicle on the Road shall drive the vehicle reasonably and in full concentration.

e. transfering ...

82

(2) Any ...

83

(2)

Any person driving the motorized Vehicle on the R priority to the safety of the Pedestrians ~~~

~~ka" give ers. (3)

Each person driving the four or more wheeled Motorized Vehicle not equipped with the houses on the Road and the passenger sitting besides shall use the safety belt and helmet fulfilling the Indonesian national standard.

(8)

Each person driving the Motorcycle and its passenger shall use the helmet fulfilling the Indonesian national standard.

(9)

Each person driving the Motorcycle without the side wagon shall not bring the Passenger of more than 1 (one) person.

Any person driving the motorized Vehicle on the Road shall ~dhere to the provision on the technical and R d worthiness requirements. oa

(4)

Any person driving the motorized Vehicle on the shall fulfill the provisions on:

a.

instruction or restriction marks'

b. c.

Road Marks·,

d.

e.

Road

'

Traffic Signaling Tool; Traffle movement;

f.

stop and Park·, warning by siren and light;

g.

maximum or minimum speed; andlor

h. (5)

(7)

Paragraph 2 Use of Main Lamp

pro~edure for coupling and sticking to other Vehlc/e.

UPO " the inspectIon of Motorized Vehicle on the Road eabl~ hedpet rson driving the motorized Vehicle shall be '9 0 produce:

Article 107 (1 )

The motorized Vehicle Driver shall turn on the main lamp of the motorized Vehicle used on the Road at night and in certain condition.

(2)

The Motor Cycle Driver shall besides fulfilling the provision as referred to in paragraph (1). tum on the main lamp on the day.

O

a. b. c. d.

Motorized Vehicle Number Certificate or Vehicle Trial Certificate; Driving License; evidence on passing the periodical test; andlor

other valid evidence

item. Paragraph 3

(6)

Traffic Line or Row Article 108 (1) 84

In using the Traffic the Road Users shall use the left side Road line.

(7) Each ... (2) The use ...

85

(2)

The use of right side Road line can only be conducted in

case of: a.

The driver intends to pass the Vehicle in the front; or

b.

being instructed by the Police of the State of the

Article 110 (1 )

The Driver encountering with other Vehicle from the opposite direction in the two way road not. cle~rly separated shall give the sufficient space at the nght side of the Vehicle.

(2)

The driver as referred to in paragraph (1) shall, if being hampered by an obstacle or other Road Us~rs i~ the.front, prioritize the Vehicle coming from the opposite direction.

Republic of Indonesia to be used temporarily as

the left side line. (3)

Motor Cycle, lower speed Motorized Vehicle, cargo car and Non Motorized Vehicle shall be in the left side Road row.

(4)

The use of right side row shall only be designated for the Vehicle with higher speed, intending to turn to the right, changing the direction or go ahead of other Vehicle.

Article 109 (1 )

Article 111 On the ascending or descending road not enabling the Vehicle. to mutually encounter, the Driver of the Vehicle In the descend~ng direction shall give the opportunity to pass to the ascending Vehicle.

The motorized Vehicle Driver intending to pass the other Vehicle shan use the right side Road line or row of the Vehicle to pass, has the free sight distance and there Is

Paragraph 4

the sufficient space. (2)

(3)

Curve or Intersection

In certain condition, the Driver as referred to in paragraph (1) may use the left side Road row by still taking into account the Road Traffic and Transportation Security and Safety. If the Vehicle to pass has given the signal to use the right side road line or row, the Driver as referred to in paragraph (1) shall be prohibited to pass such Vehicle.

Article 110 .. .

Article 112

(1)

The Vehicle Driver which will tum or go to the reversed direction shall observe the Traffic sltua,tion on ~he fro~t, side and behind the Vehicle as well as give the Signal With the direction signaling lamp or hand signal.

(2)

The Vehicle Driver which will change the row or move to the side shall observe the Traffic situation on the front, side and behind the Vehicle as well as give signal.

(3)

At the Road intersection equipped with the Traffic Signaling Tools, the Vehicle Driver shall not be ~lIowed to directly tum to the left, unless stipulated otherwise by the Traffic Signs or Traffic Signaling Tool.

86

Article 113 ...

""

Article 113 Paragraph 5 (1)

At one plot intersection not controlled by Traffic Signaling Tool, the Driver shall give the main right to:

a.

The vehicle coming from the front andlor other intersection branch if it is declared by the Traffic Sign or Road Marks;

b,

The vehicle from the main road if the Driver comes from the smaller intersection branch or from the compound bordered to the Road;

c.

Speed

The vehicle coming from the left side of intersection branch if the intersection branch is 4

Article 115 . . on the Road shall not: The motorized Vehicle driver d' the allowable highest speed drive the Vehicle excee In9 a. as referred to in Article 21 ; and/o~ run against other motorized Vehicle .

b.

(four) or more and at the same size;

d. e.

Article 116

The vehicle coming from the left side branch at the not perpendicular t-junctions : or The vehicle coming from the straight Intersection branch at the perpendicular t-junction .

The driver shall slow down the vehicle in accordance with

(1 ) (2)

(2)

If the intersection is equipped with the round Traffic controlling tool , the Driver shall give the main right to other Vehicle coming from the right.

Article 114 At one plot intersection between the railway and the Road , the Driver of the Vehicle shall be obliged to: a. stop when the signal sounds, the train latch is already closed and/or there is other signal; b.

prioritizing the train; and

c.

give the main right to the Vehicle passing the railway first.

Paragraph 5 ...

88

the Traffic Signs. . . Traffic Signs as referred, to ~n Besides according to. the h 11 slow down the vehicle In paragraph (1) the Dnver s a h P blic motorized Vehicle case of: a. intending surp~ss tb:rki~9 the Passengers; disembarking an em t . ed Vehicle not s Non moonz intending to su~as I the animal being ride on or b. pulled by the amma , the herded animal;

t?

c. d.

e. f.

rain and/or water ~nun~~~~oyn~nter not declared by entering the public ac \VI the Traffic Signs; . lot crossing train ; approaching the intersectIon or p and/or . Pedestrian who will . g and knowing there IS a seeln to cross the street.

Article 117 ...

, 89

Article 117 Paragraph 7

The Driver intending to slow down the vehicle shall observe the Traffic situation at the side and behind the Vehicle by the manner not endangering other Vehicle. .

Parking Article 120

Paragraph 6

The parking of the Vehicle on the Road shall be parallel or form the comer according to the Traffic direction.

Stopping Article 118

Article 121

Besides the Public Motorized Vehicle in the trajectory, each Motorized Vehicle can stop at each Road except: a. there is the no stop mark and/or intact-lined Road Marks. b. in the certain place possibly endangering the security, safety and disturbing the Road Traffic and Transportation Orderliness and Smoothness; andlor c. on the highway (toll road) .

(1 )

Each Motorized Vehicle Driver shall install the securing triangle, danger warning signaling lamp or other signal when stopping or Parking in emergency on the Road.

(2)

The provision as referred to in paragraph (1) shall not be valid for the Driver of Motor Cycle without side wagon. Paragraph 8

Article 119 (1 )

(2)

Non Motorized Vehicle

The driver of the Public Motorized Vehicle or the school bus which stops to disembarking andlor embarking the Passengers shall give the signal to stop.

Articte 122 (1 )

The Vehicle Driver behind the Public Motorized Vehicle or school bus being stopped as referred to in paragraph (1) shall stop the vehicle temporarily.

The Driver of the Non Motorized Vehicle shall be prohibited to: a. intentionally let the vehicle pulled by the motorized Vehicle with the speed possibly endangering the safety; b. transport or pull the thing that may hamper or endanger other Road User; andlor use the motorized Vehicle road line If the special road line is already available for the Non motorized Vehicle. The bikers shall not bring the Passengers unless the bicycle is already equipped with the Passenger seat.

c.

(2)

Paragraph 7 ... 90

(3) The drivers . ..

91

(3)

The drivers of the cart or trolley running in rows shall give the sufficient space for other Vehicle to go ahead.

(2) Article 123

The drivers of the Public motorized. Vehicle .for the passenger transportation in the trajectory with the economic tariff shall transport the students.

The deaf bikers shall use the identity card attached to the front

and back side of the bicycle.

Article 125

~~: t~:v~~:dO~!~o~~~Sa~~o~~~~~:t~~h~~~o~~:~ ~::!C~r:=~~

Paragraph 9

determined. Procedure of Traffic Using for the Drivers of

(1 )

Public motorized Vehicle

Article 126

Article 124

The drivers of the person transportation Public motorized Vehicle shall not: d ·n the place alrea y th I stop the Vehicle other an a. determined; wait for passenger other than in the place already b.

The drivers of the Public motorized Vehicle for passenger transportation in the trajectory shall be obliged to:

a.

transport the paying Passengers in accorddnce with the tariff already stipulated;

b.

move the traveling passenger to other similar Vehicle in the same trajectory without additional charge if the Vehicle suffers from engine-failure, damaged, in case of aCCident or upon the instruction of the officer;

c.

use the Road line already determined or use the farthest left line except to go ahead or change direction;

d.

stop the vehicle when embarking or disembarking the Passengers;

e.

close the door when the Vehicle moves on; and

f.

adhere to the maximum speed limit for public transportation.

c. d.

dl r determined; disembark the Passengers other than in the shelt~r an ~ destination without the proper and urgent reasons, ~nd/o. ass the road network other than those as determined In p the trajectory perm 'tI .

(2) The drivers . . . 92 Part Five . ..

93

Part Five The Use of Road Other Than For Traffic Activities

(3)

Paragraph 1

The permit for Road use as referred to in Artide 127 paragraphs (2) and (3) shall be provided by the Police of State of Republic of Indonesia.

The Use of Road Other Than For Allowable Traffic Activities Paragraph 3

Article 127 Responsibility

(1 )

(2)

The road use for the performance of activity outside the function can be made on the national. provincial, districV city roads and village road .

The use of districU city roads and village road as referred to in paragraph (1) will be allowable for the public Interest on national and regional basis andlor for public interest.

(2)

The official providing the permit as referred to in Article 128 paragraph (3) shall be responsible for assigning the officer in the Road section to maintain the Road Traffic and Transportation Security, Safety, Orderliness and Smoothness.

Article 130

Procedure for Road Use Other Than for Traffic Activity

Further provision on the Road use other than for the Traffic activities as referred to in Articles 127, 128 and 129 shall be arranged by the regulation of Commandeer in Chief of Police of the State of the Republic of Indonesia.

The road use as referred to in Article 127 paragraph (1) causing the Road blockade can be allowable In case of

alternative road available. (2)

The Road user outside the Road function shall be responsible for all consequences arising.

Paragraph 2

Article 128 (1 )

(1) The national and provincial road use as referred to In paragraph (1) will be allowable for the public interest on

national basis.

(3)

Article 129

Part Six

The diverting of Traffic flow to the alternative road as referred to in paragraph (1) shall be declared by the temporary Traffic Sign.

(3) The permit ...

Rights and Obligations for Pedestrians In Using Traffic

Article 131 Pedestrian shall be entitled to the availability of the supporting facilities in terms of sidewalk, point of crossing and other facilities .

94

(2) Pedeslrian ... 95

(2)

Pedeslrian shall be enlilled 10 oblain Ihe priorily when crossIng the Road in the point of crossing.

(3)

b.

In case of no facilities available as referred to in paragr~ph (1), Ihe Pedestrian shall be enlilled 10 go across

safely.

In

c.

the place chosen by taking into account the self-

(2)

The limitation of Traffic as referred to in paragraph (2) letters a and b can be made by imposing the charge of Traffic control deSignated for the improvements of Traffic performance and public transportation service in accordance with the provision of the legislation.

(4)

Traffic need management shall be stipulated and evaluated periodically by the Minister being responsible for the Road Traffic and Transportation facilities and Infrastructure, provincial and district! city government in accordance with the scope of authority by Involving the related authOrity.

(5)

Further provision on the Traffic need management shall be arranged by the government regulation .

go across in the place already determined.

!" case of no pOint of crossing determined as referred to In paragraph (1) letter b, Ihe Pedeslrians shall lake inlo account the Traffic Safety and Smoothness.

(3)

service

(3)

use the section of Road designated for the

Pedestrians or the farthest left Road; or

b.

and

Traffic need management as referred to in paragraph (1) shall be conducled by: limiting the individual Vehicle Traffic in the certain a. corridor or area in a certain time and Road; limiting the goods Vehicle Traffic in the certain b. corridor or area in a certain time and Road ; limiting the Motor Cycle Traffic in the certain c. corridor or area In a certain time and Road; limiting the Public motorized Vehicle Traffic in d. accordance with the Road function classification; limiting the Parking lot In the certain area with the e. maximum Parking lot border; and/or limiting the Public Non motorized Vehicle in the f. certain corridor or area in a certain time and Road .

The pedeslrlan shall be obliged 10:

a.

network

(2) Article 132

(1 )

public transportation availability; and environment quality.

The disabled pedestrians shall use the clear special

marks which 15 easy to know by other Pedestrian.

Part Seven

Traffic Need Management Article 133 (1 )

To improve the efficiency and effectiveness of the Traffic Space use and control the Traffic movement the Traffic

need management is organized based on th~ criteria as follows:

a.

ratio ~f motorized Vehicle Traffic volume to Road capaclly;

96

b. public . .. Part eight ...

97

Part Eight

Main Right of Road User For Smoothness

(2)

Paragraph 1

(1 ).

Road Users Obtaining Main Rights

(3)

The Road users shall obtain the main rights to be prioritized in accordance with the sequence as follows:

Part Nine

fire brigade performing the tasks; ambulance transporting the sick persons; Vehicle to give first aid for Traffic Accident; Vehicle of the leaders of State Institution of Republic of Indonesia;

e.

Vehicle of the leaders and foreign state official as well as

f.

international institution being the state guests; corpse attendance convoy; and

g.

convoy and/or Vehicle for the certain interest according to the consideration of the officer of the Police of the State of the Republic of Indonesia.

Administrative Sanction Article 136

(1 )

Any person violating the provision as referred to in Article 99 paragraph (1). Article 100 paragraph (1) and Article 128 shall be subject to administrative sanction.

(2)

Administrative sanction as referred to in paragraph (1) shall be in terms of: a. written warning; b. temporary suspension for public service; c. temporary suspension for activity; d. administrative penalty; permit cancellation; and/or e. permit revocation . f.

(3)

Further provision on the criteria and procedure for administrative sanction imposition as referred to in

Paragraph 2

Procedure for Smoothness Arrangement Article 135

(1 )

The Traffic Signaling Tool and Traffic Sign shall not apply

to the Vehicle obtaining the main right as referred to in Article 134.

Article 134

a. b. c. d.

The officer of Police of State of Republic of Indonesia shall conduct the safeguarding if he/she knows the existence of the Road Users as referred to in paragraph

The Vehicle obtaining the main right as referred to in Article 134 shall be guarded by the officer of the Police of State of Republic of Indonesia and/or use the red and blue signal lamps and siren.

paragraphs (1) and (2) shall be regulated by the

government regulation.

(2) The officer ... 98

CHAPTER X ...

99

CHAPTER X TRANSPORTATION

Part Two

Part One

Obligation To Provide Public Transportation

Passenger and goods transportation

Article 138

Article 137

Public transportation shall be organized in an effort to fulfill the need of the safe, secure, convenient and affordable transportation.

(1 )

People andlor goods transportation and Non Motorized Vehicle. can use the Motor

(2)

Passenger transportaU . shall be in terms of Mot~rnC usl,n gp the motorized Vehicle yc e, assenger Car or bus,

(2)

(3)

~~~~s!~nsportation

(3)

(4)

Cargo car shall not be u d I unless: S8 or passenger transportation

a.

of . motorized Vehicle for passen er ~ransportatJon •. geographical condition and r;ad

no sufficIent;

c,

0

100

responsible

for

public

People and/or goods public transportation can only be made by the Public Motorized Vehicle.

The government shall be obliged to secure the availability of the public transportation for people andlor goods transportation service on intercity inter province as well as cross state border basis.

(2)

Provincial government shall ensure the availability of the public transportation for the inter-city people andfor goods transportation service in the province.

(3)

Municipal/city government shall ensure the availability of the public transportation for people andfor goods transportation service in the territory of municipalityftown.

(4)

The providing of public transportation service shall be conducted by the state-owned enterprises, regionalowned enterprise andfor other legal entity in accordance with the legislation.

epubhc of Indonesia and/or Regional

Further provision on car a transportation .as referred ~ ,car used for passenger regulated by the govemment~e~ul~~~~graPh (4) shall be

be

'(1 )

~:h;;ajtnter~~ base? on the consideration of Police e

shall

Article 139

the province/m unicipalityl city is

for the mobilization or training of Indo . Nadtional, Army and/or Police of State of RepUnb~i~~~ In ones/a; or

Govemment.

(5)

In

government

transportation organizing as referred to in paragraph (1 ).

ratio

mfrtastru~ure

b,

by motorized Vehicle shall use the

The

Part Two. " Part Three ...

101

Part Three Passenger transportation By Public Motorized Vehicle Paragraph 1

(3)

Further prOVISion on the minimum service standard as referred to in paragraph (1) shall be regulated by the regulation of Minister being responsible in Road Traffic and Transportation facil ity and Infrastructure.

General

Article 140

Paragraph 3

The passenger transportation service by Public Motorized Vehicle shall consist of: a. passenger transportation by Public motorized Vehicle in the trajectory; and passenger transportation by Public motorized Vehicle not b. in the trajectory.

Passenger transportation By Public Motorized Vehicle in Trajectory

Paragraph 2 Passenger transportation Service Standard

Article 141

(1 )

(2)

Public Transportation Company shall fulfill the minimum service standard comprising: a. security; b. safety; convenience; c. affordability; d. e. equality; and f. regularity. Minimum service standard as referred to in paragraph (1) shall be stipulated based on the service type given.

In Trajectory Article 142

The type of passenger transportation by Public motorized Vehicle in the trajectory as referred to in Article 140 letter a shall consist of: a. cross state border transportation; b. inter city inter province transportation; c. inter city transportation in the province; d. urban transportation; or rural transportation . •• Article 143

The criteria of person transportation service by Public motorized Vehicle in the trajectory as referred to in Article 140 letter a shall: a. possess the fixed and regular route; b. be scheduled, started, ended and embark or disembark the passengers in the Terminal for inter city and cross state border transportation; and c. embark and disembark the passengers in the place already designated for urban and rural transportation.

(3) Further ... 102

Article 144 . .. 103

Article 144 The trajectory network and need for Public Motorized Vehicle shall be prepared based on:

a.

spatial layout;

b.

transportation service demand level ,'

c. d.

e.

Article 146

(1 )

Urban trajectory network as referred to in Article 145 paragraph (3) letter d shall be prepared based on Ihe urban area.

(2)

Urban area for transportation service as referred to in paragraph (1) shall be stipulated by: a. The minister being responsible for Road Traffic and Transportation facilities and Infrastructure for the urban area exceeding the provincial territory border; b. governor for the urban area exceeding the Municipal/City territory border in one province; or c. regenUmayor for the urban area being in the territory of municipal/city.

capability of the transportation service providing; availability of Road Traffic and Transportation networksuitability to the road class', '

f.

integration of intra-mode transportation; and

g.

integration of inter-mode transportation .

Article 145 (1 )

The. trajectory network and need of Public Motorized VehIcle as re~erred to in Article 144 shall be prepared in the form of trajectory network public plan.

(2)

The preparat!on of the trajectory network public plan as the coordInation wIth the related authority. Y

Article 147

referr~d ,to l~ paragraph (1) shall be made b

(3)

The trajectory network and the need of inter-state cross border Public motorized Vehicle as referred to in Article 145 paragraph (3) letter a shall be stipulated by the Minister being responsible for the Road Traffic and Transportation facility and Infrastructure in accordance with the inter-state agreement.

(2)

Inter-state agreement as referred to in paragraph (1) shall be prepared based on the provision of the legislation.

The trajectory network public plan as referred to in paragraph (1) shall consist of: a. b, c. d. e.

(4)

(1 )

inter- state cross border trajectory network' inter city inter province trajectory network' ' inter city trajectory network in the provinc~; urban trajectory network; and rural trajectory network.

Trajectory netw~rk public plan as referred to in para r h (1) shall be reviewed periodically at Ihe longest 5 g(::.) years.

104

Article 148 The trajectory network and the need of Public motorized Vehicle as referred to in Article 145 paragraphs (1) and (3) letters b. c and d shall be stipulated by:

Article 146 ...

a. The Minister ... 105

a.

b.

c.

The Minister being responsible for the Road Traffic and Transportation facilities and Infrastructure for the trajectory network and the need of inter-city inter-province and urban Public motorized Vehicle exceeding the border of 1 (one) province; govemor for the trajectory network and inter-city interprovince Public motorized Vehicle in the province and urban exceeding the border of 1 (one) districVcity in 1 (one) province after obtaining the approval from the Minister being responsible in Road Traffic and Transporta.tion facilities and Infrastructure; or regent/mayor for the trajectolY network and the need of urban Public motorized Vehicle in 1 (one) district/city territory after obtaining the approval from the Minister being responsible for Road Traffic and Transportation facilities and Infrastructure.

Paragraph 4 Passenger transportation by Public motorized Vehicles not In Trajectories Article 151 Passenger transportation service by public Motorized Vehicles not in trajectories as referred to in Article 140 letter b shall consist of: a. b. c. d.

Article 149

Passenger transportation Passenger transportation Passenger transportation Passenger transportation

by taxi; by certain destination; for tourism purpose; and in certain area.

Article 152

The trajectory network and need of rural Public Motorized Vehicle as referred to in Article 145 paragraph (3) letter e shall be stipulated by: a. regent for the rural area connecting 1 (one) district area; b. governor for rural area exceeding 1 (one) district area in 1 (one) province area; or c. Minister being responsible in Road Traffic and Transportation facilities and Infrastructure for the rural area exceeding one province area.

(1 )

Passenger transportation by taxi as referred to in article 151 letter a must be used for door to door transportation service with operational area in an urban region.

(2)

Operational area in an urban region as referred to in section (1) may: a. Be within a municipal region b. Be within a regency area c. Be exceeding a municipal region or regency area within 1 (one) provincial area; or d. Exceeding a provincial area.

(3)

Operational area in an urban region as referred to in section (2) and the maximum number of taxi requirement shall be determined by: a. The mayor for taxis which operational area is within a municipal region, b. Head of regency for taxis which operational area is within a regency area,

Article 150 Further provISions on passenger transportation by public Motorized Vehicles in trajectories shall be governed by governmental regulation.

Paragraph 4 ... 106 C.

107

Governor .. .

c.

Govemor for taxis which operational exceeds a mun!ci~al region or regency area within 1 (one) provincIal area; or

d.

The Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure for taxis which operational area

Article 155

(1 )

Transportation in certain area as referred to in article 181 letter d must be implemented by transportation service on local roads and surroundings streets.

(2)

Passenger transportation In certain area as referred to in paragraph (1) shall have to use public passengers' cars.

exceeds a provincial area.

Article 153

(1 )

Passenger

transportation

by certain destination as referred to in article 151 letter b shall be prohibited to pick andlor drop passengers along the road for any purposes

other than the passenger transportation service in a trajectory (2)

Articl.156 Evaluation on operational areas and the requirement of passenger transportation not in trajectories shall have to make at least once in 1 (one) year and be publicly announced.

Passenger transportation by certain destination shall be

organized by using public passengers' cars or public

Articl.157

buses .

Further provIsions on passenger transportation by public Motorized vehicles not in trajectories shall be govemed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Article 154 (1 )

Passenger transportation for tourism purpose as referred

to in article 151 letter c transportation service (2)

(3)

must be used for tourism Paragraph 5

The, implementation of Passenger transportation for tounsm purpose as referred to in paragraph (1) shall have to u~e public passengers' cars and public buses with a speCial marie Passenger transportation for tourism purpose is not allowed to use public Motorized vehicles in trajectories, ~xcept fo~ areas where a special transportation for tourism IS not available yet.

lOB

Article 155 .. .

Mass transportation Articl.158

(1 )

Government guarantees the availability of road-based mass transportation to fulfill the demand of passenger transportation by public motorized vehicles in urban region .

(2)

Mass transportation as referred to in section (1) must be supported by: a. Buses with mass transporting capacity; b. Special row;

c. Other... 109

c. d.

Other public transportation trajectories not overlapping with mass transportation trajectories; and Feeder transportation.

There is available a logistic distribution center andfor a place to load and unload cargo; and Use cargo cars.

Article 159

Paragraph 3

Further provisions on mass transportation as referred to in article 158 shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Specific goods and heavy equipment transportation

Part four Goods transportation by public motorized vehicles

Paragraph 1

Article 162 Motorized vehicles transporting specific goods are required to: a. Meet the safety requirements according to the characteristics and shapes of the goods carried; b. c.

General

d.

Load and unload cargo at the designated places and by using equipment according to the characteristics and shape of the goods carried;

e.

Operate at those times not disturbing the security, safety, smoothness and orderliness of traffic and road transportation; and Obtain recommendations from related instances.

Article 160 Goods transportation by public motorized vehicles consists of:

a. b.

General goods transportation; and Specific goods transportation.

f.

Paragraph 2

Public motorized vehicles carrying heavy equipment with the dimensions exceeding those defined dimensions as referred to in Article 19 shall have to be escorted by State Police of Republic of Indonesia.

General Goods Transportation

Article 161 General goods transportation as referred to in article 160 letter a shall have to fulfill the requirement as follows: a.

Marked with a certain sign according to the goods carried Park the vehicles at the designated places

Road infrastructure passed through shall have to meet the provisions on road classification

Driver and driver's assistant of a public motorized vehicle carrying specific goods must hold a certain competency according to the characteristics and shape of the specific goods transported.

b. There .. . 110

Article 163 . . .

111

Article 163 (1)

(2)

Th~ owner, CB.rgo load forwarding agent or shipper who delivers speafic goods is required to notify the warehousing operator andlor cargo transportation operator prior to the loading of those goods onto a public motorized vehicle.

(3)

A multimodal transportation service must be integrated by system and obtain a license from the government.

(4)

Further provisions on multimodal transportation, the requirements and procedure to obtain a license as referred to in paragraph (1) shall be govemed by Ihe governmental regulation .

A cargo t.ransportation operator engaged in specific goods transporting activity is obliged to provide storage places as well as being responsible for the composing of system and procedure to handle specific andlor dangerous goods while those goods are not loaded yet onto a public

Part Six

motorized vehicle.

Documents of passenger and goods transportation by Public motorized vehicles Article 164 Article 166

Fu~her provisions on goods transportation by public motorized vehicles shall be governed by the regulation of the Minister whose res~onsib~l~o/ is in the field of Road Traffic and Transportation facIlities and infrastructure.

(1)

Passenger transportation by public motorized vehicles serving inter-state-cross border, intercity inter-province and intercity intra-province permanent trajectories must be equipped with documents.

Part Five

(2)

Passenger transportation documents as referred to in section (1) cover:

Multimodal transportation

a.

Article 165

(1 )

(2)

b.

Road Public transportation which is part of multimodal transportation shall be implemented by a multimodal transportation corporate The activit.ies of public transportation in a multi modal transport~tlon shall be implemented under an agreement entered .Into between road transportation corporate and the multlmodal corporate and/or other modes corporate.

112

c. (3)

Public passengers' tickets for transportation in trajectories, Baggage identification card; and Manifest.

Goods transportation by public motorized vehicles is required to be equipped with those documents covering: a. Transportation agreement; and b.

Cargo document.

(3) A mullimodal Article 167 .. ,

113

Article 167 (1 )

(2)

Public Transportation Company for Passengers is required to: a. Submit passengers' tickets b. Submit passengers payment slips for transportation not in trajectories c. Submit baggage identification cards to passengers and d. Submit manifest to the driver

(2)

To control the fulfillment of such provisions as referred to in paragraph (1) a controlling on the loads of cargo transportation is conducted,

(3)

Cargo control shall be conducted by using a weighing device.

(4)

Such weighing devices as referred to in paragraph (3) consists of: a. Permanently installed weighing devices; or b.

Passengers' tickets must be used by those people whose names are listed in the tickets according to legal ownidentity documents.

Portable weighing devices.

Article 170 Article 168

(1 )

(2)

A Public Transportation Company carrying goods is required to make a cargo loading document as a part of travel documents.

(1 )

Such permanently installed weighing devices as referred to in article 169 paragraph (4) letter a shall be fixed at certain locations,

(2)

The determination of locations, operation, and closing of such weighing devices installed permanently on roads as referred to in paragraph (1) shall be done by the government,

(3)

The operation and maintenance of permanently installed weighing devices shall be done by weighing implementation units appointed by the government,

(4)

The officers operating such permanently installed weighing devices are obliged to register the types of goods carried, weight of cargo, and destination.

A Public Transportation Company carrying goods is required to enter into a cargo transportation agreement.

Part Seven Cargo Loads Control Article 169 (1 )

A driver andlor a public transportation company for goods is required to meet the provisions on procedure of loading, transporting capacity, vehicle dimensions, and road classification,

(2) To Gonlrol. .. 114

Article 171 ... 115

Article 171

(1 )

(2)

(3)

Such portable weighing 169 paragraph (4) letter on motOrized vehicles cargo breaching criminal

c.

devices as referred to In article b shall be used in the inspection on roads and investigation on act,

an organizing license for specific goods or heavy equipment transportation.

The obligation to hold such licenses as referred to in paragraph (1) shall not apply on: a. sick passenger transportation by ambulances; or

The operation of such weighing devices for motorized vehicles inspection on roads as referred to in paragraph (1) shall be done by motorized vehicles inspecting officers.

b.

corpse transportation. Article 174

The operation of such weighing devices as referred to in paragraph (1) shall be done jOintly with the apparatus of the State police of Republic of Indonesia.

Such licenses as referred to In article 173 paragraph (1) take the form of a contract document and/or electronic cards consisting of decision letter, statement letter, and control cards,

Article 172 Further provisions on cargo control shall be governed by the governmental regulation.

The conferral of licenses as referred to in paragraph (1) shall be implemented through selection or tender according to the statutory regulation,

Part Eight

Such licenses as referred to in paragraph (1) may be in terms of a license for 1 (one) trajectory or for several trajectories within an area.

Transportation Undertaking

Paragraph 1 Artlcte 175

Transportation Licensing Article 173

(1 )

A public transportation company operating a people andlor goods transportation is required to hold: a.

An organizing license for passenger transportation in trajectories

b.

An organizing license for passenger transportation not in trajectories; and/or

116

C.

(1)

The license for public transportation organization is valid for a certain period,

(2)

The extension of such license must pass a selection or tender process as referred to in article 174 paragraph (2).

an." Paragraph 2 . _.

117

Paragraph 2 Organizing license for passenger transportation In trajectories

d.

Head of regency for the operation of passenger transportation which serves: 1. rural trajectories located within 1 (one) regency territory; and 2. urban trajectories located within 1 (one) regency territory.

e.

Mayor for the operation of passenger transportation which serves urban trajectories located within 1 (one) municipality territory.

Article 176 Such organizing license for passenger transportation in trajectories as referred to in article 173 paragraph (1) letter a shall be granted by: a. The Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure for the operation of passenger transportation which serves: 1. state-cross trajectories under a bilateral agreement, 2. inter-regency/inter-municipality trajectories which exceed the territory of 1 (one) province, 3. urban transportation trajectories which exceed the territory of 1 (one) province; and 4. rural trajectories which cross the territory of 1 (one) province.

b.

c.

The governor for the operation of passenger transportation which serves: 1. intercity trajectories which exceed the territory of 1 (one) regency/municipality within 1 (one) province, 2. urban transportation trajectories which exceed the territory of 1 (one) regency / municipality within one province; and 3. rural trajectories which cross the territory of 1 (one) regency within one province.

Article 177 The holder of a license for the operation of passenger transportation is required to: a. Perform the provisions set out in the license obtained; and b. Operate the public motorized vehicles according to the minimum service standard as referred to in article 141 paragraph (1). Article 178 Further provISions on license for the operation of passenger transportation in trajectories shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

The Governor of Special Region of Jakarta Capital for the operation of passenger transportation which serves the trajectories entirely existing within the territory of Special Region of Jakarta Capital. d. head ...

118

Paragraph 3 ...

119

Paragraph 3 Organizing license for p~ssen~er transportation not in trajectories

Further provisions on the procedure and requirement for the granting of license as referred to in paragraph (1) shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Article 179 (1 )

~u~:j~~~:rin~~jnags I~cense for ~asse~ger transportation not letter b shall be a.

In article 173 paragraph (1)

~he dMi~ister whose in~:stru::ffiC f, and serves: 1.

2. 3. b.

gra~i:,~eb~/o

The

responsibility is in the field of Transportation facilities and ure or passenger transportation which

Paragraph 4 Organizing license for specific goods and heavy equipment transportation

taxi transportation which operational area exceeds 1 (one) provincial territory;

transportation with certain destination' or tourism transportation. '

~overnor

for

taxi

transportation

Article 180 (1)

Organizing license for specific goods transportation as referred to in article 173 paragraph (1) letter c shall be granted by the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure under the recommendation from related instances.

(2)

Organizing license for heavy equipment transportation as referred to in article 173 paragraph (1) letter c shall be granted by the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

(3)

Further provisions on the procedure and requirement for the granting of specific goods and heavy equipment transportation organizing licenses shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

which

ope~a~lon~1 area exceeds 1 (one) re en / municipality territory within 1 (one) provinc2. cy

c.

d.

'[he gov~rnor of special region of Jakarta capital or taxI. transportation and specific area tr~n~portatlon which operational areas located wlt~ltnl the .territory of special region of Jakarta caPI a province; and

Hea~ of regency/mayor for taxi transportation and specIfic area transportation which . areas located ·th· . operational WI tn the terntory of regency/municipality. a

120

(2) Further ... Part nine ...

7

121

Part Nine

c.

Transportation tariffs

Article 181 (1 )

Transportation tariffs consist of passengers' tariff and cargo tariff,

(2)

Passengers' tariff as referred to in paragraph (1) consists of: a. passengers' tariff for passenger transportation in trajectories; and passengers' tariff for passenger transportation not b. in trajectories

d.

(3)

Passengers' tariff of passenger transportation in noneconomic class trajectories shall be defined by the public transportation companies.

(4)

Further provisions on passengers' tariffs as referred to in paragraph (1) shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Article 182 (1 )

(2)

Passengers' tariff for passenger trajectories consists of: a. Economic class tariff; and b. Non-economic class tariff

transportation

Regent for passenger transportation which serves intercity trajectories in the regency as well as urban and rural transportation which service areas are within the regency territory, mayor for passenger transportation serving urban transportation trajectories which service area is in Ihe city.

in Article 183

The determination of economic class tariff as referred to in section (1) shall be made by: a. The Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure for passenger transportation which serves intercity inter-province trajectories, urban transportation, and rural transportation which operational areas exceed a I=-rovincial territory, b. The governor for passenger transportation which serves intercity intra-province trajectories as well as urban and rural transportation which exceed the boundaries of one regency/municipality within one province,

(1 )

Passengers' tariff for passenger transportation not in trajectories by using taxi as referred to in article 151 letter a shall be defined by public transportation companies under the gO'/emment's approval according to their respective authorities based on the deSignated minimum service standard,

(2)

Passengers' tariff for passenger transportation not in trajectories with certain destination, tourism and in certain areas as referred to in article 151 letters b, c, and d shall be defined under the consensus between service users and public transportation companies.

c. Regent ... 122

Articie 184 . .. 123

Article 184 Goods transportation tariff as referred to in article 181 paragraph (2) letter b shall be defined under the consensus between service users and public transportation companies.

(2)

Goods shippers when a cancellation on departure occurs.

Part Ten

Article 188

Subsidy on public passengers' transportation

A public transportation company is obliged to compensate any losses suffered by passengers and/or goods shippers due to its negligence in performing the transportation service.

Article 185 (1 )

Article 187

PU.bliC. passengers transportation with economic class tanff In certain trajectories can be subsidized by the government and/or regional governments, Further provisions on the granting of subsidy to public passengers transportation as referred to in paragraph (1) shall be governed by the governmental regulation .

Article 189

A public transportation company is obliged to insurance its obligations as referred to in article 188.

Article 190

Part Eleven Obligations, rights , and responsibilities of public transportation companies

The driver of a public motorized vehicle may get any passengers and/or goods carried off at the nearest stop if such passengers and/or goods can cause harm to the security and safety of transportation.

Paragraph 1 Public transportation companies' obligations

Article 191

A public transportation company shall assume the responsibility

Article 186 A public transportation com~any is obliged to carry people and/or goods on?e a tr?nsportatlon agreement is reached and/or transportation cost IS paid by passengers and/or goods shippers.

for any losses caused by any acts committed by anyone it employs in transportation business.

Article 187 ...

124 Article 192 ...

125

Article 192

(1 )

(2)

A public transportation company shall be responsible for any losses suffered by any passengers who passed away or injured due to the transporting operation, except for any incidence that is unpredictable or unavoidable or due to such passengers' own faults.

The losses as referred to in paragraph (1) shall be calculated on the actual losses suffered or part of the service cost.

(3)

The responsibility as referred to in paragraph (1) shall commence since the goods were carried and up to the delivery of goods at the agreed place of destination. The public transportation company shall not be responsible if such losses are caused by the information which does not match with the cargo document. Further provisions on the amount of compensation shall be governed by the govemmental regulation .

The responsibility as referred to in paragraph (1) shall commence since the passengers were carried and end at the agreed place of destination.

Article 194

(4)

Transporter shall not be responsible for any losses on passengers' personal belongings, unless the passengers are able to prove that such losses were caused by the transporter's fault or negligence.

A public transportation company shall not be responsible for any losses suffered by any third parties, unless such third parties are able to prove that the losses were caused by the public transportation company's fault.

(5)

Further provisions on the amount of compensation shall be govemed by the govemmental regulation .

The right to submit an objection and request for compensation by a third party to the public transportation company as referred to in paragraph (1) should be forwarded at the latest 30 (thirty) days since the date such losses occurred.

Article 193 (1 )

(2)

A public transportation company shall be responsible for any losses suffered by any goods shippers caused by such goods being destroyed, lost or damaged due to the transporting operation, unless it is proved that the annihilated, lost or damage of such goods was caused by an unpreventable or unavoidable incident or due to the shippers' fault. The losses as referred to in paragraph (1) shalt be calculated on the actual losses suffered.

Paragraph 2 Public transportation companies' rights Article 195 A public transportation company is entitled to retain any goods carried if the shippers or receivers do not fulfill their obligation within a deSignated time limit under the transportation agreement.

(3) The responsibility .. . 126

(2) A public ... 127

(2)

(3)

A public transportation company is entitled to collect an extra fee on goods kept and not collected according to the agreement. A public transportation company is entitled to sell any goods carried by way of auction according the provisions of statutory regulation if the shippers or receivers do not fulfill their obligation under the agreement as referred to in paragraph (1).

Further provisions on the responsl~ility of public transportation organizers as referred to In ~a~agraph (1) shall be governed by the regulation of the MInister whose responsibility Is in the field of Road Traffic and Transportation facilities and infrastructure.

Part Thirteen Public transportation services Industry

Article 196 Article 198 If the transported goods are not collected by the shippers or receivers within the agreed time limit, then the public transportation company is entitled to destroy any goods having dangerous characteristics or harming In its storage according to the provisions of statutory regulation.

Public transportation services must be developed into a services industry that meets the service standard and encourage a fair competition . To materialize such service standard and fair competition as referred to in paragraph (1), the government and/or regional governments shall have to: . ' define the market segmentation and claSSIfication; a.

Part Twelve

Organizers' responsibility

b.

c.

Article 197

d.

(1)

The government and regional governments as the transportation organizers are required to : a.

Provide a guarantee to public transportation service users to get the service,

b.

Provide a protection to the public transportation companies by keeping the balance between the demand and supply of public transportation,

c.

Conduct a monitoring and evaluation on passenger and goods transportation .

e.

define the minimum service standard; define the criteria of a fair competition; encourage the creation of markets; and control and supervise the development of public transportation services industry.

Further provisions on the service standard and a fair competition shall be governed by the governmental regulation .

(2) Further ...

128

Part Fourteen ...

129

Part Fourteen Administrative sanctions

(2)

The organizing of activities as referred to in paragraph (1) shall be conducted by a cooperation between the nurturer(s) of Road Traffic and Transportation and the public,

(3)

To materialize and maintain such Road Traffic and Transportation security as referred to in paragraph (1), the following activities shall be conducted: a. composing the national program on Road Traffic and Transportation security b. providing and maintaining the facilities and equipment of Road Traffic and Transportation security c. implementing the education, training, nurturing, elucidation and information on traffic affairs in the context of improving the public law awareness and ethics in traffic affairs Road Traffic and reviewing the issues of d. Transportation security traffic security management e. regulating, guarding, escorting, andlor patrOlling f. registering and identifying the motorized vehicles g. and drivers; and enforcing the Traffic law. h.

Article 199

(1 )

Anyone who violates such provisions as referred to in articles 167, 168, 173, 177, 186, 187, 189, 192, and 193 shall be imposed with administrative sanctions in the form of: a. written warning b. c. d.

(2)

administrative penalty suspension of license; and/or revocation of license.

Further provisions on the criteria and procedure for imposing such administrative sanctions as referred to in paragraph (1) shall be govemed by Ihe regulalion of Ihe Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure. CHAPTER XI SECURITY AND SAFETY OF TRAFFIC AND ROAD TRANSPORTATION

Part one Security of traffic and road transportation Article 200

(1 )

Article 201

The State Police of Republic of Indonesia shall assume the responsibility for the organizing of activities in materializing and maintaining the Road Traffic and Transportation security,

(2) The organizing ...

(1)

A public transportation company is required to develop, implement, and improve the security system by referring to the national program on Road Traffic and Transportation security

(2)

A public motorized vehicle shall have to be equipped with information supplying device to facilitate the detection of any criminal acts on a motorized vehicle.

130

ArtIcle 202 ... 131

Article 202 Further provisions on the determination of national program on Road Traffic and Transportation security as referred to in articles

(2)

200 and 201 shall be governed by the regulation of the Head of State Police of Republic of Indonesia.

Part Two

Article 205

Safety of Traffic and Road transportation

To guarantee the Road Traffic and Transportation safety

Further provisions on the determination of national pro~ram , on Road Traffic and Transportation safety as refer~ed to In artl~le 203 paragraph (2) and the obligations of a Public transporta:,o~ m an to develop, implement, and Improve the ~ e ~an~ge~ent system as well as the requirement o~ a d~vlce to supply information on Traffic accident as refen:ed to In article 204 shall be governed by the governmental regulation .

as referred to in section (1). the gtmeral plan of national Road Traffic and Transportation safety is defined which covers:

Part Three

Article 203 (1 )

(2)

The government shall be responsible for guaranteeing the safety of Traffic and road transportation,

a.

The composing of national program on

Road

Control on Road Traffic and Transportation

Traffic and Transportation safety activities

b.

The provision and maintenance on facilities and equipment of Road Traffic and Transportation

Security and Safety

safety

c.

d.

Article 206

The review on issues of Road Traffic and Transportation safety; and Road Traffic and Transportation safety management.

(1 )

A public transportation company is required to develop, implement and improve the safety management system by referring to the national program on Road Traffic and Transportation safety

Control on the implementation of Road Traffic and Transportation security and safety covers: a, Auditing b. Inspection; and c, Observation and monitoring

Article 204 (1)

A public motorized vehicle shall ~ave to ,be equipped with a device which supplies the Information on a Traffic accident to the Control center on Road Traffic and Transportation safety system,

(2)

,. d T ffic and Transportation Security as Audiling on, Roa ra h (1) letter a shall be implemented d' ted by the Head of referred to In paragrap , by an independent auditor eSlg~a State Police of Republic of IndoneSia.

(2) A pubic " , (3) Auditing , ' ,

132 133

F

(3)

Auditing on the Road Traffic and Transportation Safety as referred to in paragraph (1) letter a shall be implemented

Part Four

by an independent auditor designated by the Head of State Police of Republic of Indonesia. (4 )

Road Traffic and Transportation Security and Safety Culture

An inspection on Road Traffic and Transportation security as referred to in paragraph (1) letter b shall be conducted periodically based on scale of priorities by the Head of

State Police of Republic of Indonesia. (5)

An inspection on Road Traffic and Transportation safety as referred to in paragraph (1) letter b shall be conducted periodically based on scale of priorities by each Road

Article 208 (1 )

The Nurturers of Road Traffic and Transportation shall be responsible for building and materializing the Road Traffic and TransportRtion security and safety culture.

(2)

The efforts to build and materialize such Road Traffic and Transportation security and safety culture as referred to in paragraph (1) shall be implemented by: the implementation of traffic affairs education since a.

Traffic and Transportation nurturer. (6)

Such observation and monitoring as referred to in paragraph (1) letter c are required to be conducted continuously by each Road Traffic and Transportation

early age,

b.

nurturer.

(7)

The results of control as referred to in paragraph (1) shall

c.

be followed-up by corrective andlor law enforcement act.

d. Article 207

e.

Further provisions on the control on Road Traffic and Transportation security and safety as referred to in article 206 paragraph (1) shall be governed by the governmental regulation.

(3)

the socialization and internalization on traffic procedure and ethics as well as Road Traffic and Transportation security and safety program, the granting of awards for any Road Traffic and Transportation security and safety acts, the creation of a Traffic space environment which encourages the road users to behave orderly; and the law enforcement in consistent and sustainable way.

The Nurturers of Road Traffic and Transportation shall define the policies and programs to materialize the security and safety culture in traffic affairs.

Part Four . ..

134

CHAPTER XII ...

135

CHAPTER XII

Article 211

ENVIRONMENTAL IMPACT

Part One Protection on Road Traffic and Transportation environmental sustainability

, f otorized vehicle and public Any owner andlor dnver 0 a I ~d to prevent any air pollution transportation compa~y are requ r and noise from occumng,

Article 209 Article 212 (1 )

(2)

To guarantee the environmental sustainability, in each Road Traffic and Transportation activity the prevention and handling on living environmental pollution shall be conducted to meet the requirement of environmental quality standard according to the provisions of statutory regulation.

, f a motorized vehicle and public Any owner andlor dnve;e ~eqUired to repair their vehicles when

=ad:s:~:t!~~t~~::~s~ an air pollution and noise occurs, Part Three

Further provisions on prevention and handling on living environmental pollution in Road Traffic and Transportation sector as referred to in paragraph (1) shall be governed by governmental regulation.

Rights and obligations Paragraph 1

Part Two

Government's Obligations

Prevention and handling on Road Traffic and Transportation

Article 213

environmental impact (1)

Article 210 (1 )

(2)

Any motorized vehicles operating on the road are required to meet the requirement on exhaust gas emission and noise level threshold, Further provisions on manners, requirement , handling procedure on exhaust gas emission and noise level threshold caused by such motorized vehicles as referred to in paragraph (1) shall be governed by governmental regulation ,

, 'red to control road users' I' , environment The government IS . re~U1 to maintain the IVlng , , in Road Traffic and Transportation activity,

:~~~~~~ity

(2)

To implement such provision as referred to in paragraph (1) the government is required to: . d a ' Formulate and prepare policie,s, strat~II~~e~~y , development program of an environ men a n Road Traffic and Transportation , and develop an environmental fn~~dly Road Build b. ransportation faclhtles and T and Tra ffiIC infrastructure

Allele 21 1. .. 136

c, Conduct , "

137

c. d.

Conduct the supervision and nurturing on public transportation companies, owners, and/or drivers of motorized vehicles operating on the roads; and Provide correct and accurate information on environment sustainability in Road Traffic and Transportation sector.

r e.

Comply with living environmental quality standard. Paragraph 3 Rights and obligations of the public

Paragraph 2

Article 216

Rights and obligations of Public transportation companies

(1 )

Public are entitled to get an environmental friendly Traffic spaces

(2)

Public are entitled to get information on environment sustainability in Road Traffic and Transportation sector.

Article 214 (1 )

Public transportation companies are entitled to obtain easiness in the operation of an environmental friendly Traffic and road transportation

(2)

Public transportation companies are entitled to obtain information on environment sustainability in Road Traffic and Transportation sector

Article 215

Article 217 Public are obliged to maintain the environment sustainability in Road Traffic and Transportation sector Part Four Administrative Sanctions

Article 218 Public transportation companies are required to:

a.

Implement an environmental friendly Road Traffic and Transportation development program as defined by the government

b.

Provide environmental Transportation facilities

c.

Provide clear, correct, and honest information on the condition of public transportation services

d.

Provide explanation on the use, repair, and maintenance of public transportation facilities; and

friendly

Road

Traffic

(1 )

Any violations on the provisions on environmental impact of Road Traffic and Transportation as referred to in article 211 shall be imposed with administrative sanctions in the form of: a. written warning administrative penalty b. c. suspension of license; and/or d. revocation of license.

(2)

Further provisions on the criteria and procedure for imposing such administrative sanctions as referred to in paragraph (1) shall be governed by the governmental regulation

and

C. Comply ... 138

CHAPTER XIII ...

139

CHAPTER XIII DEVELOPMENT ON INDUSTRY AND TECHNOLOGY OF

e.

ROAD TRAFFIC AND TRANSPORTATIONFACILITIES AND

I.

INFRASTRUCTURE

g.

Part One General

h.

the development on raw materials and components industry the granting of easiness in financing and tax facilities the provision of cooperation facility with similar type industry; andlor the provision of cooperation facility with users' markets both domestic and overseas.

Article 219

(1 )

j

(2)

Part Two The development on industry and technology of Road Traffic and Transportation facilities and infrastructure covers: a. Engineering design and maintenance of motorized vehicles b, Equipment of law enforcemen c. Vehicle worthiness testing equipment d. Security, safety. orderliness, and smoothness facilities of Traffic and road transportation e. Registration and identification equipment on vehicles and drivers f. Technology and information on Traffic and road transportation g. Educational and training facilities for Road Traffic and Transportation personnel; and h. Motorized vehicles supportinQ components. Empowerment on industry and development of Road Traffic and Transportation technology as referred to in section (1) shall be done through: a. the development on research and engineering design of motorized vehicles b. the development on vehicles and/or motorized vehicles components standardization c. technology transfer d. the optimum use of local contents

e. The development ... 140

Development of motorIzed vehicles engineering design Article 220

(1 )

The development on motorized vehicles engineering design as referred to in article 219 paragraph (1) letter a and the development on engineering design research as referred to in paragraph (2) letter a shall be conducted by: a. the govemment b. regIonal governments c. corporate d. research institutions; and/or e. universities

(2)

The development on motorized vehicles engineering design as referred to in paragraph (1) must pay attention on: a. the main dimensions and construction of motorized vehicles b. material suitability c. driving motor suitability d. compatibility of road supporting power e. motorized vehicles' physical shape f. dimensions, construction, positions, and spaces between seats g. position of lights h. number of seats i. dimensions ... 141

i.

dimensions and construction of load vessels/volume of tanks j. motorized vehicles allocation; and k. emergency exit facilities. (3)

c. Vehicles worthiness testing II as d. Security, safety, orderliness, as Wt~ smoothness of traffic and road transporta Ion e. Road Traffic and Transportation monitori~9 . f. Motorized vehicles and drivers registration

The engineering design as referred to in paragraph (2) must obtain legalization from the Minister whose Road Traffic and responsibility is in the field of Transportation facilities and infrastructure.

Article 221

e

and

identification . g. Road Traffic and Transportation informatton and communication system; and h. Drivers andlor passengers safety, facilities.

(4)

The empowerment on industry and development of Road Traffic and Transportation technology as referred to in article 219 paragraph (2) shall be done by utilizing the national resources, applying the security and safety standard, as well as paying attention on environmental sustainability.

th

(5)

The industry and technology development method covers: a. Technological comprehension b. Technology transfer; and c. Technology research facilitation The development on industry and tec~no~ogy as referred to in section (3) must obtain the legalization from related instances.

Part Three Development on Industry and technology of Road Traffic and Transportation Infrastructure Article 222

(1 )

(2)

(3)

The government Is obliged to develop the Infrastructure industry and technology which guarantee the security, safety, orderliness, and smoothness of Traffic and road transportation The development on industry and technology of Road Traffic and Transportation infrastructure shall be done in integration with the supports of all related sectors The development on industry and technology as referred to in paragraph (1) covers the modemization on: a. Road Traffic and Transportation controlling b. Law enforcement

Part Four Empowerment on Road Traffic and Transportation Infrastructure industry Article 223

(1 )

(2)

To develop the Road Traffic and Transportation infrastructure industry as referred to in article 222 paragraph (2), the govemment encourages the empowerment of domestic industry

To encourage the development of domestic Industry as referred to in paragraph (1), it shall be done by granting of faciiities, incentives to specifiC sectors, an~ applYI~9 the standard on Road Traffic and Transportation equipment products.

c. Vehicles ...

Article 224 ...

142 143

Article 224 (1 )

The development on

Road Traffic and Transportation

Infrastructure industry consists at:

a. b. c. d.

(3)

Engineering Production Assembling; andlor Maintenance and repair

The composing of Traffic Accident prevention program shall be done by Road Traffic and Transportation forum under the coordination with the State Police of Republic of Indonesia. Part Two

(2)

The development on Road Traffic and Transportation infrastructure industry includes technology transfer which shall be adjusled 10 local wisdom

Traffic Accident Handling Paragraph 1 Traffic Accident Handling Procedure

Part Five Further arrangements Article 225 Further provisions on the development of Road Traffic and Transportation Infrastructure industry shall be governed by the governmental regulation. CHAPTER XIV TRAFFIC ACCIDENT Part One The traffic accident prevention Article 226 (1 )

(2)

The prevention on traffic accident shall be implemented through: a. The participation of stakeholders b. People empowerment c. Law enforcement; and d. Global partnership.

Article 227 In the event of a traffic accident, officers of State Police of

Republic of Indonesia are obliged to handle such traffic accident by way of: 8. coming to the Incident scene Immediately b. helping the victims c. taking the first action at the incident scene d. proceSSing the crime scene B. controlling the traffic flow f. securing the evidences: and g. doing the case Investlgallon.

Article 228 Further provisions on traffic accident handling procedure shall be governed by Ihe regulalion of the Chief of State Police of Republic of Indonesia.

Paragraph 2 Classification and Handling on traffic accident cases Article 229

Traffic accident prevention as referred to in section (1) shall be done on phase by phase pattern which covers : short-term, middle-term, and long-term programs. (3) The composing ...

144

(1 )

Traffic accidents are classified in: a. Minor traffic accidents b. moderate . . .

,

145

b. c.

Moderate traffic accidents; or Major traffic accidents

(2)

(2)

Minor tr~ffic accidents as referred to in paragraph (1) letter a constitutes an accident which causes damage to vehicles and/or goods,

(3)

Moderate traffic accidents as referred to in paragraph (1) letter b constitutes an accident which causes minor injuries and damage to vehicles and/or goods,

(4)

Major tr:affic accidents as referred to in paragraph (1) letter c constitutes an accident which causes death or serious injury to the victims,

(5)

Such traffic accidents as referred to in paragraph (1) can also be .caused by the negligence of road users, vehicles unworthiness as well as roads and/or environment unworthiness.

A motorized vehicle driver who, due to a compelling situation can not comply with those provisions as referred in paragraph (1) letters a and b shall have to report him/herself to the nearest office of the State Police of Republic of Indonesia.

Article 232 Anyone who hears, sees, and knows the occurrence of a traffic accident is obliged to: a. Give help to the victim(s) of such traffic accident b. Report such traffic accident to the office of the State police of the republic of Indonesia; and/or c. Give statements to the State police of the republic of Indonesia. Paragraph 4 Traffic accident data recording

Article 230

Article 233 Such Traffic accident cases as referred to in article 229 paragraphs (2), (3),and (4) shall be processed by criminal justice proceedings accordmg to the provisions of statutory regulation .

(1 )

Any accident must be recorded in a Traffic accident data form,

(2)

Such data of traffic accident as referred to in paragraph (1) constitutes part of forensic data,

(3)

Such data of traffic accident as referred to in paragraph (1) must be complemented with data obtained from the hospital,

(4)

Such data of traffic accident as referred to in paragraph (1) shall be managed by the State police of the republic of Indonesia and can be utilized by the nurturer(s) of Traffic and road transportation .

Paragraph 3 Help and treatment on victims

Article 231 (1 )

A motorized vehicle driver who is involved in a Traffic accident is obliged to: a, Stop the vehicles that he/she rides b. Give help to the victim(s) c. Report the accident to the nearest office of the State police of the republic of Indonesia; and d. Give statements In respect of the traffic accident (2) A motorized ... 146

Part Three ... 147

Part Three Obligations and responsibilities Paragraph 1 Obligations and responsibilities of drivers, motorized vehicles owners, and/or transportation companies.

If an injury on the victim(s)' body or health ~u~ caused by such traffic accident as referred to In article 229 paragraph (1) letters band c, then the dri.ver, own.er, and/or public transportation company are obliged to give an aid to the victim(s) in the form of medication costs by not discharging hislher claim on criminal case.

Article 234 Article 236

(1)

(2)

Drivers, motorized vehicles owners, andlor public transportation companies shall assume the responsibility for any losses suffered by passengers andlor goods owners andlor third parties caused by the drivers' negligence, A driver,

motorized vehicle

owner,

andlor public

transportation company shall be responsible for any damage to roads andlor road equipment which is caused by the negligence or fault of such driver, (3)

Such provisions as referred to in paragraphs (1) and (2) shall not apply when: a. There is a compelling situation unavoidable by or beyond the control of the driver. b. It is caused by the victim's or third party's own behavior; andlor C. It is caused by a movement of an individual and/or animal although it has been taken a preventive action. Article 235

(1 )

If the victim(s) passed away due to such traffic accident as referred to in article 229 paragraph (1) letter c, then the driver, owner, and/or public transportation company are obliged to give an aid to the victim(s)' heirs in the form of medication costs and/or funeral costs by not discharging their claim on criminal case, (2) II ...

148

The party causing the occurrence of such traffic accident as referred to In article 229 Is obliged to pay some compensation which amount shall be defined by court's judgment, The obligation to pay such compensation as referred to in paragraph (1) in a traffic accident as referred to in article 229 paragraph (2) can be fulfilled outside the court when there is a peaceful consensus among the parties involved. Article 237 Public transportation companies are obliged to participat~ in an accident insurance program as the proof of their responsibility on the Insurance warranty for accident victims. Public transportation companies are obliged to cover the insurance for those persons employed as the vehicles crew. Paragraph 2 Government's obligations and responsibilities Article 238 The government shall provide and/or improve the traffic arrangements, facilities, and infrastructure which become the cause of an accident. (2) The governmenl .. 149

(2)

The government shall provide funds allocation for the prevention and handling on traffic accidents. CHAPTER XV SPECIAL TREATMENT FOR DISABLED, OLD AGE PEOPLE,

Article 239

(1 ) (2)

CHILDREN, PREGNANT WOMEN, AND SICK PEOPLE

The government shall develop a Road Traffic and Transportation accidents insurance program.

Part One Scope of Special Treatment

The government shall establish a Road Traffic and

Article 242

Transportation accidents insurance company according to

the statutory regulation .

(1 )

The government, regional governments, and/or pubHc transportation companies are required to provide special treatment in Road Traffic and Transportation sector to the disabled, old age people, children. pregnant women, and sick people,

(2)

Such special treatment , as referred to in section (1) covers: a. accessibility b. service priority; and c. service facilities

(3)

Further provisions on special treatment in Road Traffic and Transportation sector to the disabled, old age people, children, pregnant women, and sick people shall be governed by the governmental regulation.

Part Four Victim(s)' rights Article 240 A traffic accident victim is entitled to receive:

a.

Help and treatment from those parties responsible for the occurrence, of a traffic accident and/or the govemment.

b.

compensation from those parties responsible for the

c.

Occurrence of a traffic accident; and/or traffic accident compensation from insurance company.

Article 241

Any Traffic a.cc~dent victims are entitled to receive first aid and treat.~ent pnonty at the nearest hospital according to the prOVIsions of statutory regulation .

Article 243

Public in groups may file a lawsuit to the government and/or regional governments on the fulfillment of such special treatment as referred to in article 242 according to the provisions of statutory regulation.

CHAPTER XV ...

150 Part Two . ..

151

Part Two Administrative Sanctions Article 244 (1 )

The organization of a Road Traffic and Transportation information and communication system shall be implemented by the government, provincial governments, and regency/municipality govemment based on the provisions of statutory regulation.

An~ p~blic transportation companies who do not fulfill th ~bll~~tlon to provide service facilities and infrastructure t~ e I.sabled, old age people, children, pregnant women and SIC~ people as. referred to in article 242 paragraph l' ~n be Imposed with administrative sanctions in the fO~ a. b. c. d.

(2)

Such Road Traffic and Transportation information and communication system as referred to in paragraph (1) shall be used for planning, arrangement, control and supervision activities as well as Road Traffic and Transportation operation which cover:

written warning administrative penalty suspension of license; and/or revocation of license.

:urth~r

provisions on the criteria and procedure for Imposing such administrative sanctions as referred to in paragr~ph (1) shall be governed by the govemmenlal regulation.

CHAPTER XVI

Part One Information and communication system organization

Road Traffic and Transportation facilities and infrastructure sector; and

c.

Motorized vehicles and drivers registration and identification sector, law enforcement. traffic management and engineering operation, as well as education on traffic affairs.

Such integrated Road Traffic and Transportation information and communication system as referred to in section (1) shall be controlled by a control center which integrates the data, information, and communication from each subsystem.

Article 245

;~oo~~~~~: t~eT sffjecurity,

safety, orderliness, and o ra IC and road transportal' integr~ted information and communication sys'Ote"' ~n organized. m IS

(3) 152

b.

Such Road Traffic and Transportation information and communication system as referred to in article 245 paragraph (2) constitutes a subsystem in the Road Traffic and Transportation information and communication system.

AND COMMUNCATION SYSTEM

(1 )

Road Infrastructure sector

Article 246

ROAD TRAFFIC AND TRANSPORTATIONINFORMATION

I

a.

(2) The organization ...

Data, information, and communication as referred to In paragraph (2) must be accessible by each nurturer of Traffic and road transportation. Part Two ...

153

Part Two c. Monitoring d. SupeNislon e. Control f. Geographical information g. Tracking down h. Road users information i. Trafflc flow detection j. Identification on motorized vehicles licenses; andlor k. The identification on motorized vehicles in traffic spaces.

Infonnation and communication system management Article 247

(1 )

In materializjng such Road Traffic and Transportation information and communication system as referred to in article 246 paragraph (1) each Road Traffic and Transportation nurturer is obliged to manage a Road Traffic and Transportation information and communication subsystem according to its authority,

(2)

An information and communication subsystem developed by each Road Traffic and Transportation nurturer is integrated into the control center of Road Traffic and Transportation Information and communication system,

(3)

Part Four Information and communication system control center

Such control center as referred to in paragraph (2) shall be managed by the State Police of Republic of Indonesia.

Artlcte 249

(1)

The Road Traffic and Transportation information and communication system control center shall function as the center of: a. Control b. Coordination c. Communication d. Integrated data and information e. Public seNiee; and f. Electronic track records for law enforcement purpose.

(2)

The management on such Road Traffic and Transportation Information and communication system control center as referred to in sectIon (1) is intended to materialize a secure, safe, orderly, smooth and integrated Road Traffic and Transportation seNice.

Part Three Development of Information and communication system Article 248 (1 )

To fulfill the main duties and functions of various stakeholders, a Road Traffic and Transportation information and communication system is developed which covers a structured system, information network, communication network, and data center,

(2)

The structured system, information communication network, and data center cover: a. Planning b, Policy formulation

network,

c. Monitoring ... 154

(3) The Road ...

155

(3)

The Road Traffic and Transportation information and communication system control center activities cover at least:

a. The

data,

information,

and

a.

communication

requirement service on Traffic and road transportation b. Qui~k action support on violations, traffic jams, and accidents as well as other incidents impacting the traffic and road transportation

b.

c.

c. Analysis, evaluation on violations, traffic jams, and traffic accidents d. Law enforcement support by electronic devices and by direct action

Part Five

e. Service support for Driving license, Motorized Vehicle license. and Motorized Vehicle owner's book f. Supply of information on lost and found of motorized vehicles g. Supply of Information on air quality standard

h. Traffic. control support by arrangement, guarding, escorting, and patrol i.

Traffic and load transportation movement control support; and

j.

Supply of information on road condition and public service.

Investigation and police investigation on Road Traffic and Transportation criminal acts or other crimes Accident, violation, and traffic jam handling act by the State Police of Republic of Indonesia Pursuit, ambush, arrest, and measure takings on any wrongdoers and/or vehicles involved in a crime or traffic violation.

Further Arrangements Article 252 Further provisions on Road Traffic and Transportation information and communication system shall be governed by the governmental regulation.

CHAPTER XVII HUMAN RESOURCES

Article 253 Article 250 Data a~d information at Road Traffic and Transportation Information and communication system control center must be accessible and usable by the public.

Article 251 The Road Traffic and Transportation information and communication system is usable for law enforcement which covers: a.

Investigation ...

(1 )

Road Traffic and Transportation nurturers are required to develop human resources to generate professional officers who have the competency in Road Traffic and Transportation field.

(2)

The development on human resources in Road Traffic and Transportalion field as referred to in paragraph (1) shall be conducted through education and training by: a. The government b. The State Police of Republic of Indonesia; and/or c. Accredited private institutions.

156 Article 254 .. .

157

Article 254

Road Traffic and Transportatlo~ nurturing and organizing instances at central and regIonal levels

b. Inputs to (1 )

The government and regional governments arB required to provide the service and facilities as well as

in the improvement of regulation, guidance, and technical standard in Road Traffic and Transportation

guaranteeing the implementation of education and training for mechanic and drivers.

(2)

sector

c. Opinions and considerations for Road Traffic and Transportation nurturing and organizing instances at central and regional levels on the Road Traffic and Transportation implementing activities which cause

The government and regional governments arB required to conduct the nurturing on public transportation companies management to improve their quality of service. security, safety, orderliness, and smoothness of Traffic and road transportation.

environmental impacts; and

d. Support to the implementation of traffic and road transportation

Article 255 Further provisions on the development of human resources In

The government andlor regional governments shall consider and follow~up such inputs, opinions, and/or

Road Traffic and Transportation sector shall be governed by the governmental regulation

support provided by the public as referred to in paragraph (2).

(3)

CHAPTER XVIII

Article 257

PUBLIC PARTICIPATION

Public participation as referred to In article 256 can be done individually, in groups, professional organizations, corporate or other community organizations according to openness and partnership principles.

Article 256

(1 )

Public are entitled to participate in the implementation of traffic and road transportation .

(2)

Such public participation as referred to in section (1) takes

Article 258 the form of: 8 . The monitoring and keeping of Transportation security, safety,

Road Traffic and orderliness, and

smoothness

Public are obliged to participate in the maintenance of road facilities and infrastructure, development of discipline and ethics in traffic affairs, and !1articipate in keeping the security, safety, orderliness, and smoothness of traffic and road transportation.

b. Inputs . .. CHAPTER XIX . ..

158 159

CHAPTER XIX INVESTIGATION AND MEASURE TAKING ON ROAD TRAFFIC AND TRANSPORTATION VIOLATIONS

a.

Part One

Investigation Article 259 (1 )

b.

~~~eSs~~~~~n;~dU~~:~ :;affiC and Transportation criminal a. Investig~tors of the State POlice of Rep bl ' Indonesia

b. (2)

U Ie

c.

of

;~~~~tyC~~d~~~~~tLjnvestigators assigned the special aw.

d.

:~V~~~g:~::ffiO: !~~ ~~:~es p::~ of Republic of Indonesia

p tlon sector as referred 10 in Paragraph (1) Ie tter a consist of: a. Investigator; and b. ASSisting investigators.

e. f.

Paragraph 1

g.

Authority of State Police of Republic of Indonesia Investigators

h.

i.

Article 260 (1 )

In the measure taking on . I r lovesti,gation, the investjgato~'~r :~~SSt~~:

~~~~~~I ~!wl~~~eSla,

~~:na~ ~ct

besides those provided i~ th: Law on State Police of Republic

of Indonesia in ~o~nd have the authority of: d Traffic and Transportation sector

160

(2)

Terminating, prohibiting or suspending the operation and temporarily seizing any motorized vehicles appropriately alleged to violate the regulation on traffic affairs or be a mean andlor result of a criminal act Doing an examination on the truth of any statements pertaining to the investigation on a criminal act in Road Traffic and Transportation sector Taking statements from drivers, motorized vehicles owners, andlor public transportation companies Doing the seize on Driving licenses, motorized vehicles, cargo, motorized Vehicle licenses, motor vehicle trial certificates, andlor test passing certificates as evidences Taking measures on any traffic violations or criminal acts according to the provisions of statutory regulation Making and signing minutes of examinations Ceasing the investigation when there is no sufficient evidences Doing detainment in respect of a traffic criminal act; andlor Taking other actions under the law responsibly.

The Implementation of such actions on violations and the investigation on criminal acts as referred to in paragraph (1) shall be done under the provisions of slatutory regulation.

a. Terminating ... Article 261 ...

161

Article 261 f.

Such assisting investigators as referred to in article 259 paragraph (2) letter b have such authority as referred to in article

260 paragraph (1), except for the detainment as referred to in article 260 paragraph (1) letter h that must be granted by a delegation of authority from the investigators of the State Police of Republic of Indonesia in Road Traffic and Transportation

(2)

Such authority of Civil servant investigators as referred to in paragraph (1) shall be implemented at terminals andlor places where permanent weighing devices are installed,

(3)

In the event such authority as referred to in paragraph (1) is implemented on roads, civil servant investigato~ are required to coordinate with and must be accompanied by the officers of State Police of Republic of Indonesia.

sector. Paragraph 2

Do the seize on test passing certificates andlor public transportation business licenses for such violations as referred to in letters a, b, and c by making and signing minutes of examinations

Authority of civil servant investigators Article 262 (1 )

Civil servant investigators as referred to in article 259 paragraph (1) letter b have the authority to: a. Do the examination on any technical requirement

Paragraph 3 Coordination and Supervision on Civil Servant Investigators

violations and motorized vehicles road worthiness

Article 263

which needs special expertise and equipment to prove,

b.

c.

Do the examination on any violations to licenses of people andlor goods transportation by public motorized vehicles, Do the examination on any violations to the cargo

andlor dimensions of

d.

e.

motorized vehicles at a

place where a permanent weighing device is installed, Prohibit or suspend the operation of any motorized vehicles not fulfilling technical requirements and road worthiness, Take statements from drivers, owners of motorized vehicles, or public transportation companies on any violations to technical requirements and road worthiness, motorized vehicles tests and licenses; andlor f.

00...

(1 )

The investigators of State Police of Republic of Indonesia, as coordinators and supervisors, shall conduct the nurturing and supervision on civil servant Investigators in Road Traffic and Transportation sector.

(2)

In implementing their authority, civil servant investigators are required to coordinate with the investigators of State Police of Repu~lic of Indonesia.

(3)

Such civil servant investigators as referred to in paragraph (1) are required to submit the case files resulting fr?m investigations on any Road Traffic and Transportation violations along with the evidences to the court through the investigators of State Police of Republic of Indonesia.

(4 )

The provisions on nurturing and supervision as referred to in paragraph (1) shall be conducted according to the provisions of legislation. Part Two ...

162 163

Part Two Measure Takings on Road Traffic and Transportation Violations

b. Take statements from the drivers; and/or c. Take other actions by law responsibly

Paragraph 1 Article 266

Examinations on motorized vehicles on roads Article 264

(1 )

Such examinations on motorized vehicles on the roads as referred to in article 265 paragraph (1) can be implemented incidentally by the officers of State Police of Republic of Indonesia,

(2)

Such examinations on motorized vehicles on the roads as referred to in article 265 paragraph (1) letters b to c can be implemented inCidentally by the civil servant investigators,

(3)

Such periodic examinations on motorized vehicles on the roads as referred to In article 265 paragraph (2) in certain circumstances can be done jointly by the officers of State Police of Republic of Indonesia and civil servant investigators,

(4)

Civil servant Investigators in conducting such examinations on motorized vehicles on the roads as referred to in paragraph (2) must be accompanied by the officers of State Police of Republic of indonesia.

Examinations on motorized vehicles on the roads shall be done by:

a. b.

Officers of State Police of Republic of Indonesia, Civil servant investigators in Road Traffic

and

Transportation sector.

Article 265

(1 )

Such Examinations on motorized vehicles on the roads as referred to in article 264 COver the examination on: a. Dri~ing Ii~nse, motorized Vehicle license. motor vehl~le t~al certificate, plate number, or motorized Vehicle tnal number

b. Test passing certificate for test obliged vehicles c. Motorized vehicles physical condition d. Load capacity andlor cargo carrying method; andlor B.

(2)

Transportation business license

Paragraph 2

Such examinations on motorized vehicles on the roads as

referred to In paragraph (1) can be implemented periodIcally or IncIdentally as required , (3)

To conduct examinations on motorized vehicles as referred to In paragraph (1), officers of the state pOlice of the republic of Indonesia have the authority to: a. Stop the motorized vehicles

164

b. take ...

Procedure of measuring takings on Road Traffic and Transportation violations Article 267 (1)

Any violations in Road Traffic and Transportation sector examined under fast examination proceedings can be imposed penalty based on the court's judgment. (2) Such ...

165

(2)

(3)

Such quick examination proceedings as referred to in paragraph (1) can be conducted without the violators' presence.

Part Three Seized objects handling

Any violators unable to be present as referred to in section

(2) may consign such penalty at the bank appointed by

Article 270

the government.

(4)

The amount of penalty consigned at such bank as referred to in paragraph (3) can be as much as the maximum penalty imposed on each Road Traffic and Transportation violation.

(1 )

The investigators of State Police of Republic of Indonesia have the authority to conduct seizure, storag~, . and consignment of such seized objects allegedly pertaining to any Road Traffic and Transportation criminal acts,

(5)

The slip of penalty fee consignment must be enclosed in

(2)

Any seized objects shall be stored at the house of state seized objects,

(3)

In case there is no house of state seized objects at the concerned place yet, then the storage of such s~ized objects can be conducted at the offices of ~tate Police of Republic of Indonesia, at regency prosecution offices, at district court, and in compelling situations at other sto~age places, or remain at the original place where such objects are seized,

(4)

The procedure of seizing, storing, and consigning of such seized objects as referred to in paragraph (1) shall be done according to the provisions of Criminal Law Code.

the files of violation evidence.

Article 268 (1 )

In the event that court's decision determined a penalty amount of less than the penalty fee consigned , the remaining penalty fee must be notified to the violator to recollect.

(2)

Such remaining penalty fee as referred to in section (1) which is not recollected within 1 (one) year since the court's judgment shall be deposited to the state treasury.

Article 269 (1 )

(2)

Such penalty fee determined by the court as referred to in article 267 paragraph (1) shall be deposited to the state treasury as non-tax state revenue . Part of such non-tax state revenue as referred to in section (1) shall be allocated as incentive for the officers of those State Police of Republic ':If Indonesia and civil servant investigators who implement the law enforcement on roads which is conducted under the provisions of statutory regulation. Part Three .. .

Article 271

(1 )

Investigators are required to identify ~nd announce such motorized Vehicle seized objects which owners are not known yet through mass media

(2)

The announcement as referred to in paragraph (1) shall mention the characteristics of motorized vehicles, the storage places, and seizure date,

(3)

Such announcement as referred to in paragraph (1) must be made at least 1 (once) in 6 (six) months, (4) Such ...

166 167

(4)

Such motorized vehicle seized

paragraph (1) afte h

.

0

b' t Jec s as referred to In

not known at the' o!Vlng passed 1 (one) year period and based on coYurt's . d ners can be auctioned for the state JU 9ment.

(3)

In the event that such acts as referred to in paragraph (1) causing death to others, the wrongdoer(s) shall be punished with Imprisonment at the maximum period of 5 (five) years or penalty at the maximum amount of Rp

120,000,000 (one hundred and twenty million rupiah).

Article 272 (1)

(2)

~~a~UP~~~he

me;sure taking activities on violations in equipment cacn b:"useJransportatiOIJ sector, electronic

(4)

Any Road organizer who do not post any marks or signs on such damaged roads and not repaired yet as referred

to in article 24 paragraph (2) shall be punished with imprisonment at the maximum period of 6 (six) months or

t · . to in paragraph (1) ca ecbronlc eQurpm~nt use as referred

penalty at the maximum amount of Rp 1,500,000 (one and a half million rupiah) .

The results of such el

court.

n e used as eVidences before the

Article 274 CHAPTER XX

(1 )

CRIMINAL PROVISIONS

article

Any Road organizer who

d

.

maximum

pe~O:

(1)

~n~ arti~'e

maximum amount of

rupiah).

or

x

(1)

shall

be

punished

with

Such provisions of punishment threat as referred to in

paragraph (1) shall also apply on anyone who committed

24 paragraph (1) amage to vehicles

any act causing disturbances to road functions as referred

ot"t'(":s~ed with imprisonment al the R S

paragraph

penalty at the maximum amount of Rp 24,000,000 (twenty-four million rupiah).

.

appropriately repair damaged ~oa~~t w'~c~edlateIY and traffic accidents as re~ d . cause such

resulting In minor inj~~:s andlor goods h II b

28

imprisonment at the maximum period of 1 (one) year or

Article 273 (1 )

Anyone who committed an act that caused a damage and/or disturbance to road functions as referred to in

to in article 28 paragraph (2).

months or penalty at the

p 12,000,000 (twelve million Artlcl.275

(2)

~~~~gev~~~~~~t ~u~h. acts

as referred to in section (1)

punished with imp~i~:~nt t:~ thwrong~oer(s) s~au be (one) year or penalty at the m: ~axlmum penod of 1

24,000,000 (twenty-four million

ruPi;~)um amount of Rp

(1 )

Anyone who committed an act that caused a disturbance to the functions of traffic signs, road marks. traffic signaling devices. pedestrians' facility. and road users'

safety equipment as referred to In article 28 paragraph (1) shall be punished with Imprisonment at the maximum period of 1 (one) month or penalty at the maximum

amount of Rp 250,000 (two hundred thousand rupiah). 168

(3) In ... (2) Anyone . . .

169

(2)

Anyone who damaged traffic signs, road marks, traffic signaling devices, pedestrians' facility. and road users' safety equipment whIch made it failing to function as referred to in article 28 paragraph (2) shall be punished with imprisonment at the maximum period of 2 (two) years or penalty at the maximum amount of Rp 50,000,000 (fifty million rupiah).

Article 279

Anyone who drives a motorized vehicle on the road which is equipped with such equipment that can disturb traffic safety as referred to in article 58 shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah) .

Article 276

Anyone driving a public motorized vehicle in trajectories who did not call in at the terminal as referred to in article 36

Article 280

shall be

punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred thousand rupiah). Article 277

Anyone who drives a motorized vehicle on the road which is not equipped with the plate number designated by the State Police of Republic of Indonesia as referred to in article 68 paragraph (1) shall be punished with Imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Anyone who imported motorized vehicles. coach trailers, and attached coaches into the Republic of Indonesia territory, manufactured, assembled, or modified any motorized vehicles causing some changes on type, coach trailers, attached coaches, special vehicles operated domestically which do not fulfill the obligations of type testing as referred to in article 50 paragraph (1) shall be punished with imprisonment at the maximum period of 1 (one) year or penalty at the maximum amount of Rp 24,000,000 (twenty-four million rupiah).

Anyone driving a motorized vehicle on the road who has not a driving license as referred to in article 77 paragraph (1) shall be punished with imprisonment at the maximum period of 4 (four) months or penalty at the maximum amount of Rp 1,000,000 (one million rupiah).

Article 278

Article 282

Anyone who drives a four or more wheeled motorized Vehicle on the road which is not equipped with equipment such as reserve tire. safety triangle, jack, wheel opener, and first aid kit on accident as referred to In article 57 paragraph (3) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Any road user who does not obey the order given by an officer of the State Police of Republic of Indonesia as referred to in article 104 paragraph (3) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 281

Article 279 ...

Article 283 ...

170

171

Article 283 Anyone w~o drives a motorized vehicle abnormally on the road and commIts othe~ activities or being affected by a circumstance which causes a disturbance to driving concentration on road as refe':fed to in article 106 paragraph (1) shall be punished with

(2)

impnsonment at the maximum period of 3 (three) months or

penalty at the maximum amount of Rp 750,000 (seven hundred and fifty thousand rupiah).

Articte 284 Anyone,

w~o drives a

pedestnans

motorized vehicle by not prioritizing

Anyone driving a four or more wheeled motorized Vehicle on the road which does not meet the technical requirement covering side mirrors, hom, headlamp, retreat lamp, lights Indicating the limits of vehicle's body, traile~s lamp, brake lamp, direction light, light reflecting device, speedometer, tire thread depth, front glasses, wheel spoke, bumper, alignment, attachment, or glass wipers as referred to in article 106 paragraph (3) juncto article 48 paragraph (2) shall be punIshed with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

safety or bicyclers as refarred to article 106

para.graph (2) shall be punished with imprisonment at the maXimum penod of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Article 286

Article 285

Anyone driving a four or more wheeled Motorized Vehicle on the road which does not meet the road worthiness requirement as referred to in article 106 paragraph (3) juncto article 48 paragraph (3) shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp SOD,OOO (five hundred thousand rupiah) .

(1)

Anyone driving a motorcycle on the road which does not meet . the technical requirement and road worthiness ~ve~ng ~jde mirrors, hom, head/amp, brake lamp, dIrection hg~t, light renecting device, speedometer,

muffler, and tire thread depth as referred to in article 106 paragraph (31 juncto . articte 48 paragraphs (2) and (3) sh~1I be punished WIth Imprisonment at the maximum penod of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 287 (1)

Anyone driving a motorized vehide on the road who violates any instructing or prohibiting directives stated by traffic signs as referred to in article 106 paragraph (4) letter a or road marks as referred to in article 106 paragraph (4) letter b shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

(2) Anyone . .. 172

(2) Anyone ...

173

(2)

(3)

Anyone driving a motorized vehicle on the road who violates any instructing or prohibiting directives stated by traffic signs as referred to in article 106 paragraph (4) letter a or road marks as referred to in article 106 paragraph (4) letter b shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah). Anyone driving a motorized vehicle on the road who violates any traffic movement rules as referred to in article 106 paragraph (4) letter d or stopping and parking procedure as referred to in article 106 paragraph (4) letter e shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(6)

Anyone driving a motoriz.ed vehicle ~n the road who violates the rules of aligning and attaching procedure as

referred to in articte 106 paragraph (4) letter h shall be punished with imprisonment at the maximum penod of 1

(one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Artlcte 288

(1 )

Anyone driving a motorized vehicle on the road whi~ is not equipped with Motorized Vehicle license or Mot~nzed Vehicle trial certificate designated by t~e State pohce of Republic of Indonesia as referred ,to ~rtlcl~ 106 paragraph (5) letter a shall be punished With Imprisonment at the maximum period of 2 (two) months or penalty at the

maximum amount of Rp 500,000 (five hundred thousand

(4)

(5)

Anyone driving a motorized vehicle on the road who violates provisions on the use or main privileges of motorized vehicles using a warning device with sound and beam as referred to in articles 59, 106 paragraph (4) letter f, or article 134 shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250.000 (two hundred and fifty thousand rupiah). Anyone driving a motorized vehicle on the road who violates the maximum or minimum speed rules as referred

to in article 106 paragraph (4) letter g or article 115 letter a shall be punished with imprisonment at the maximum

period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

rupiah).

(2)

Anyone driving a motorized vehicle on the road ~ho fails to show a valid driving license as referr~d ~o a~cle 106

paragraph (5) letter b shall be punished With Impnsonment at the maximum period of 1 (one) month andlor penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(3)

Anyone who drives a public passengers car, ~us, ,cargo truck, coach trailer, and attached ?Oach Which IS. n~t equipped with a periodic trial certificate and penodlc passing test certificate as referred to article 106 paragraph (5) letter c shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand

rupiah).

(6) Anyone ...

Article 289 . . .

174 175

Article 289 Article 292

Anyone driving a motorized vehicle or a passenger sitting beside the driver who does not wear the safety belt as referred to article 106 paragraph (6) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Anyone who drives a motorcycle without a side wagon which carries more than 1 (one) passenger as referred to article 106 paragraph (9) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the m~xlmum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 290 Article 293

Anyone who drives and rides any motorized vehicles other than motorcycle which is not equipped with casings and do not wear safety belt and helmet as referred to article 106 paragraph (7) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 291

(1)

Anyone driving a motorcycle who does not wear the national standard helmet as referred to article 106 paragraph (8) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(2)

Anyone driving a motorcycle who let hislher rider not wear the helmet as referred to article 106 paragraph (8) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(1 )

Anyone who drives a motorized vehicle on the road without switching on the head lamp at night and in certain condition as referred to article 107 paragraph (1) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(2)

Anyone who drives a motorcycle on the road with,out switching on the head lamp at daylight ~s r~ferr~d to article 107 paragraph (2) shall be punished With Impnsonment at the maximum period of 15 (fifteen) days or penatty at the maximum amount of Rp 100,000 (one hundred thousand rupiah).

Article 294 Anyone driving a motorized vehicle who wil~ tu~ o~ ~ke ,an opposite direction, without giving a sign ,by direction Indlcattng lamp or hand signal as referred to In article 112 paragraph (1) shall be punished with imprisonment at the maximum penod of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 292 , , .

Article 295 ...

176

177

Article 295 Article 299 Anyone driving a motorized vehicle who will move to another lane or move sideway without giving a sign as referred to in article 112 paragraph (2) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 296

Anyone driving a motorized vehicle at a cross between the train and road who does not stop when the signal has been sounded, the railroad portal starts to close down, andlor there is another signal as referred to In article 114 letter a shall be punished with imprisonment at the maximum period of 3 (three) months or penalty at the maximum amount of Rp 750,000 (seven hundred and fifty thousand rupiah).

Article 297 Anyone driving a motorized vehicle who races on the road as referred to in article 115 letter b shall be punished with Imprisonment at the maximum period of 1 (one) year or penalty at the maximum amount of Rp 3,000,000 (three million rupiah).

Anyone driving a non- motorized vehicle w~o deliberat~ly holds onto a motorized vehicle to be pulled, pulling such objects that can harm other road users, and/or use a vehicle road lane ~s referred to in article 122 letters a, b, or c shall be punished with imprisonment at the Maximum period of 15 (fifteen) days or penalty at the maximum amount of Rp 100,000 (one hundred thousand rupiah).

Article 300

The punishment of imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah) shall be imposed on any drivers of public motorized vehicles who: Do not use the designated lane or do not use the most left a. lane, unless they are about to surpass or change direction as referred to in article 124 paragraph (1) letter c, Do not stop their vehicles while picking and/or dropping b. passengers as referred to in article 124 paragraph (1) letter d; or Do not close the vehicles' doors while those vehicles are c. on the run as referred to in article 124 paragraph (1) letter

e. Article 298

Article 301

Anyone driving a motorized vehicle who does not post safety triangle, danger warning sign, or another signal when stops or being par1<:ed in an emergency situation on the road as referred to in article 121 paragraph (1) shall be punished with Imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Anyone driving a cargo forwarding motorized vehicle who does not use the road networks according to the designated road classification as referred to In article 125 shall be punished with Imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah) .

Article 299 ... Article 302 ...

178

179

Article 302 Article 305 Anyone driving a public motorized vehicle of passenger transportation who does not stop other than those designated places, waiting for passengers, dropping passengers other than at shelter, or passing through road networks other than those designated in the trajectory license as referred to in article 126 shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

. d vehicle which carries specific goods Anyone driving a motonze .. ns on safety requirement, goods . t· and the provlslo who does not meet . I d' g operational Ime marking. pa~ing, loading and i~~t~~~ns ~s referred to in arti~le recommendations from related d e or f shall be punished With 162 paragraph (1) letters a, b, c, . 'd f 2 (two) months or penalty imprisonment at the maximum pe~o ~oo (five hundred thousand at the maximum amount of Rp • rupiah).

Article 303 Article 306

Anyone who drives a cargo car to cany people except for such reasons as referred to In article 137 paragraph (4) letters a, b, C shall be punished with Imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 304

d' hlcle which is not equipped Anyone driving a cargo forwar I~g v: referred to in article 168 a with cargo and travel docum~nhs d with imprisonment at the para.graph (1) shall bt n~):o~h or penalty at the maximum maximum penod °OfOOl (~O hundred and fifty thousand rupiah). amount of Rp 250, Article 307

Anyone driving a passenger transportation vehicle with certain destination who picks or drops other passengers along the way or uses a transportation vehicle not suitable with transportation vehicle for other purposes as referred to In Article 153 paragraph (1) shall be punished wilh imprisonment al the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

' I f cargo public transportation Anyone driving a motori~ed vehl~~vfsions on loading procedure, who does not comply WIth the Pf h'cle as referred to in article . c'ty dimensions 0 ve , t th carrying capa I , . hed with imprisonment a e 169 paragraph (1) shall be) PUnithSs or penalty at the maximum . period of 2 {two mon . ~~~I:~~f Rp 500,000 (five hundred thousand rupiah).

Article 308 , t aximum period of 2 (two) Punishment of Imprisonment. a m amount of Rp 500,000 (five months or penalty at t~e m) a~~~~ imposed on anyone who hundred thousand rupiah s a drives a public motorized vehicle who: ArtlcIe 305 ... 180

a. Does ...

181

a.

b.

c. d.

Does not hold the organization license for passenger transportation in trajectories as referred to in article 173 paragraph (1) letter a, Does not hold the organization license for passenger transportation not in trajectories as referred to in article 173 paragraph (1) letter b, Ooes not hold the organization license for specific goods and heavy equipment transportation as referred to in article 173 paragraph (1) letter c; or Deviates from the designated license as referred to in article 173.

(2)

Anyone driving a motorized vehicle who due to hislher negligence, causes a traffic accident with a minor injured victim(s) and damage to the vehicle andlor goods as referred to In article 229 paragraph (3) shall be punished with imprisonment at the maximum period of 1 (one) year andlor penalty at the maximum amount of Rp 2,000,000 (two million rupiah).

(3)

Anyone driving a motorized vehicle who , due to hi~er negligence, causes a traffic accident with a major injured victim(s) as referred to in article 229 paragraph (4), shall be punished with imprisonment at the maximum period of 5 (five) years andlor penalty at the maximum amount of Rp 10,000,000 (ten million rupiah).

(4)

In the event such accident as referred to In section (3) causing death to others shall be punished with imprisonment at the maximum period of 6 (six) years andlor penalty at the maximum amount of Rp 12,000,000 (twelve million rupiah).

Article 309 Anyone who does not Insurance his/her responsibility for the compensation of losses suffered by passengers, goods shippers or a third party as referred to In article 189 shall be punished with imprisonment at the maximum period of 6 (six) months or penalty at the maximum amount of Rp 1,500,000 (one and a half million rupiah).

Article 310

(1 )

Article 311

Anyone driving a motorized vehicle who, due to his/her negligence, causes a traffic accident with a damage to the vehicle andlor goods as referred to in article 229 paragraph (2), shall be punished with imprisonment at the maximum period of 6 (Six) months andlor penalty at the maximum amount of Rp 1,000,000 (one million rupiah).

(1 )

Anyone who deliberately drives a motorized vehicle by a manner or condition which is dangerous for lives or goods shall be punished with imprisonment at the maximum period of 1 (one) year or penalty at the maximum amount of Rp 3,000,000 (three million rupiah).

(2)

In the event that such act as referred to In paragraph (1) causing a traffic accident with a damage to the vehicle andlor goods as referred to in article 229 paragraph (2) the wrongdoer shall be punished with imprisonment at the maximum period of 2 (two) years or penalty at the maximum amount of Rp 4,000,000 (four million rupiah).

(2) Anyone ...

182

(3) In ...

183

(3)

(4)

(5)

In the event that such act as referred to in section (1) causing a traffic accident with minor injured victimes) and damage to the vehicle andlor goods as referred to in article 229 paragraph (3), the wrongdoer shall be punished with Imprisonment at the maximum period of 4 (four) years or penalty at the maximum amount of Rp 8,000,000 (eight million rupiah), In the event that such act as referred to in paragraph (1) causing a traffic accident with a major Injured victim(s) as referred to In article 229 paragraph (4), the wrongdoer shall be punished with imprisonment at the maximum period of 10 (ten) years or penalty at the maximum amount of Rp 20,000,000 (twenty million rupiah), In the event that such act as referred to in section (4) causing death to others, the wrongdoer shall be punished with imprisonment at the maximum period of 12 (twelve) years or penalty at the maximum amount of Rp 24,000,000 (twenty-four million rupiah),

Article 313 t insurance hislher vehicle crew a~d Anyone who does no . 'cle 237 shall be punished With passengers as referred !O In artl. of 6 (six) months or penalty lmprisonm~nt at the maxlmfuRm p~~~ 000 (one and a half million at the maximum amount 0 p, , rupiah). Article 314 In addition to Imprisonment ~un.ist;::~~, !~~~;:~~o~:~~~~~ traffic crime wrongdoer cat~ e 1m compensation due to a traffic of driving license revoca Ion or criminal act. Article 315 (1 )

Article 312 Anyone driving a motorized vehicle who Is involved in a traffic accident and deliberately does not stop his/her vehicle, does not help the victim, or does not report such traffic accident to the nearest office of the state police of the republic of Indonesia as referred to in article 231 paragraph (1) letters a, b, and c without a proper reason shall be punished with imprisonment at the maximum period of 3 (three) years Qr pellalty at the maximum amount of Rp 75,000,000 (seventy-five million rupiah).

a criminal act is committed by a public

:~a~~~o~~~~~ company, the Crimin~1 /espc':,~~;~~ ~~~~ be imposed on such public transpo a Ion managing board.

(2)

t

criminal act is committed by a public

:~a~~;o~~~~n ~mpany, then ~n ~di:~n r~e~~~s~~e~~ imposed on i~s managing oa t th

paragraph (1), it shall also bthe impo:dp:n~I~~~~sltio~ maximum of 3 (three) times .an su determined in each article of thiS chapter.

(3)

In addition to penalty imposition, the public trans~rtatio~ m an can also be imposed with an extra p~OIshmen ~ th~ f:rm of temporary suspension or revo~bon on the transportation business license for the vehicles that It uses.

Artide313 .. .

184

Article 316 . ..

185

Article 316 (1 )

(2)

CHAPTER XXII

Suc~

provisions as referred to in Article 274, Article 275 seclion (1), Articles 276, 278, 279, 280, 281, 282, 283, 284, 285 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306,307,308,309, and 313 are violations. Suc~

provision,s as referred to in Articles 273, Article 275 section (2), Article 277, Article 310, Article 311, and Article 312 are criminals.

CLOSING PROVISIONS Article 320

The implementing regulation hereof must have been stipulated at the latest 1 (one) year since the enactment of this law.

Article 321 Article 317 In the event that rupiah exchange rate suffers a decrease, the amount of penalty as referred to in chapter XX can be determined by the govemmental regulation.

Road Traffic and Transportation forum must have been established at the latest 1 (one) year since the enactment hereof.

Article 322

The Road Traffic and Transportation information and communication control center must have been established at the latest 2 (two) years since the enactment of this Law.

CHAPTER XXI TRANSITIONAL PROVISIONS Article 318

Article 323 At the time this Law commences to be in effect the drivers ed~~tio~ a~d ~rainin9 implemented by the drivers education and tralnmg Instl~ubons shall keep running according to the license granted provided that within a maximum period of 2 (two) years it must be adjusted to this Law.

The Road preservation funds management unit must have already functioned at the latest 1 (one) year since the enactment of this law.

I

Article 324 Article 319 At. the. time this Law commences to be in effect, any auditing being Implemented by govemment's auditors shall keep taking place until such auditing completed.

At the time this Law commences to be in effect, all implementing regulations of Law No. 14 of 1992 on Road Traffic and Transportation (State Gazette of Republic of Indonesia of 1992 Number 49, Supplement State Gazette of Republic of Indonesia Number 3480) shaH be declared as in effect as long as it is not against or not replaced yet with a new one under this Law.

CHAPTER XXII ... Article 325 ...

186 187

Article 325 Ratified in Jakarta At the tlme this Law commences to be in effect, Law No. 14 of

On June 22, 2009

1992 on Road Traffic and Transportation(Slate Gazette of Republic of Indonesia of 1992 Number 49, Supplement Slate Gazette of Republic of Indonesia Number 3480) shall be revoked and declared as null and void .

PRESIDENT OF REPUBLIC OF INDONESIA

Article 326

DR. H. SUSILO BAMBANG YUDHOYONO

signed

This Law shall become effective as of the date of enactment. Enacted in Jakarta :or p~bllc cogniza~ce, it is instructed to promulgate this Law by insertIng the same In State Gazette of Republic of Indonesia.

On June 22, 2009 MINISTER OF LAW AND HUMAN RIGHTS DF THE REPUBLIC OF INDONESIA

signed ANDI MATALATTA

STATE GAZETTE OF REPUBLIC OF INDONESIA OF 2009 NUMBER 96

For true copy STATE SECRETARIAT OF REPUBLIC OF INDONESIA Head of Legislation Bureau Economy and Industry Sector

signed Setia Sapto Nugroho

188 189

ELUCIDATION ON LAW OF REPUBLIC OF INDONESIA NUMBER 22 YEAR 2009 REGARDING ROAD TRAFFIC AND TRANSPORTATION

ELUCIDATION ON LAW OF REPUBLIC OF INDONESOA NUMBER 22 YEAR 2009 REGARDING TRAFFIC AND ROAD TRANSPORTATION

The Road Traffic and Transportation have the strategic role in supporting the national development and integration as the part of the effort to advance the public welfare as messaged by the 1945 Constitution of State of Republic of Indonesia. As the part of the national transportation system, the potency and role of the Road Traffic and Transportation must be developed to realize the Security, welfare, order1iness in Road Traffic and Transportation in the frame of supporting the economic building and the development of the science and technology, regional autonomy as well as accountability of the state organizing. In this Law, the nurturing of Road Traffic and Transportation shall be conducted mutually by all related authorities (stakeholders) as follows:

1) I.

GENERAL

2)

By the blessing of the One Supreme God, the Unitary State of Republic of Indonesia has been bestowed the archipelago state consisting of the thousands islands situated along the equator, as well as between two continentals and two oceans, has the very important and strategiC position and role to support the economic development, national integration stabilization to strengthen the national resilience, as well as create the world orderliness and state and nation life in the frame of enhancing the public welfare as messaged by the 1945 Constitution of State of Republic of Indonesia.

3)

4)

5)

administration affairs in Road infrastructure, by the ministry being responsible for Road sector; administration affairs in Road Traffic and Transportation facility and infrastructure, by the ministry being responsible for Road Traffic and Transportation facilities and Infrastructure; administration affairs In Road Traffic and Transportation industrial development, by the ministry being responsible for industry sector; administration affairs in Road Traffic and Transportation technological development, by the ministry being responsible for technology sector, administration affairs in registration and identification of Motorized Vehicle and Drivers, Law Enforcement, Traffic Management and Engineering Operational as well as the traffic education by the Police of State of Republic of Indonesia.

The Road ...

190

The distribution .. .

191

The distribution on such nurturing authority is intended In order that the tasks and responsibilities of each administrator in Road Traffic and Transportation become dearer and more transparent so that the Road Traffic and Transportation can be organized safely, securely, orderly,

smoothly and efficiently as well as accountably. Regarding the technical and operational matter, which was originally in Law Number 14 Year 1992 CONCERNING ROAD TRAFFIC AND TRANSPORTATION is set forth in the government regulation and its implemental directives, in this Law it is set forth expressly and in details in order there will be the

legal certainty thereby no longer requiring the considerable govemment regulation and implementar directives.

The sharpening of the formula on the principles and objectives in this Law has, besides to create the secure, safe, orderly, smooth Road Traffic and Transportation which is integrated to the other transportation mode, the objective to enhance the national economy, realize the people welfare, nation unity and integration as well as being able to uphold the nation dignity. The secuMty aspect was also taken into account and was emphasized on the arrangement of Traffic and Road Transportation. Besides, this Law also emphasizes the realization of ethics on traffic and national culture Oust culture) through the efforts of nurturing, counseling and education on traffic since the early age as well as through the sustainable program.

In this law there Is improvement on the terminOl~gy o~ Road Traffic and Transportation into the Road T~ I.C an f Transportation shall be one integral system consisting °d affic road transportation, Road Traffic ~n ~rans'portation Network, Road Traffic and Transportation Infrastructure, Vehicle, Driver, Road User as well as the management thereof. In the frame of anticipating t~~ global st~~~~~ environment development reqUlnng th~ , na perSistence to compete In the global competlt,lon aS ~~: r as to fulfill the new paradigm demand cr~vlng~~ the better transparent and accountable service f .. Gove~ment, this Law formulat~s, various vIsionary breakthroughs and the quite Significant Change~. If compared to tlie Law Number 14 Year 1992 regar Ing Traffic and Road Transportation. This law is based on the spirit that the ~ross hS~lct~r organizing of Road Traffic and Transport.a~lon s a ~ rformed by the coordination of the administrators an ~her stakeholders. To overcome the very complex roblem this Law also messages the establishment of the p, . f Road Traffic and Transportation orum. The Road Traffic and Transportation forum shall be ~he ad hoc board functioning as the instrument to synergl~e the main task and the function of each. authonty or anizing the Road Traffic and Transportation In ~he fr~me of analyzing the problem, bridging, finding SOlut:~n as well as improving the service quality. and not as e law enforcement apparatus.

In ...

The Road ...

192 193

The Road Traffic and Transportation forum has the task to make coordination among the organizing authority requiring the integration in planning and overcoming the Road Traffic and Transportation problems, while the forum membership consists of the administrator, organizer, academicians and community elements. To maintain the worthiness of the road condition and to reduce the accident rate, this Law contains the legal basis on the Road Preservation Fund. The Road Preservation Fund will only be used specially for the road maintenance, rehabilitation and reconstruction activities which are managed based on the sustainability, accountability, transparency, equality and suitability principles. The Road Preservation Fund shall be managed by the Road Preservation Fund Managing Unit established by and be responsible to the Minister for the road sector, which will be implemented in accordance with the legislation. In the frame of empowennent and development of Industry in Traffic and Road Transportation, this Law confinns that the Government is obliged to enhance the domestic industry, among others by providing the facility, incentive and apply the standard of Road Traffic and Transportation equipment product. The industrial development comprises the Road Traffic and Transportation Infrastructure development by the manners and methods of engineering, production, assembly and maintenance as well as repair. To reduce the Traffic Accident rate which was considered very high, the future efforts are directed to comprehensive handling comprising the nurturing, prevention, arrangement and law enforcement. Such nurturing is made through the traffic education intensity improvement and law extension as well as human resources nurturing.

The prevention effort was made through the improvement of supervision on the worthiness of road, facilities and infrastructure of the road, as well as the Vehicle worthiness, including the more intensive supervision on Traffic and Road Transportation. The arrangement effort comprises the Traffic Management and Engineering and Traffic facilities and Infrastructure modernization. The law enforcement effort was made more effective through the fonnulation of clearer legal provision as well as the stricter sanction imposition. In the frame of realizing the equality in Road Traffic a~d Transportation service, this Law arranges the special treatment for disable people, old age people, children, pregnant women and sick people. The fonn of spe?iai treatment given by the Government is the easy phYSical and non physical facilities and infrastructure covering the accessibility, service priority and service facilities. To improve the service in security, safety, orderliness and smoothness of traffic, this ,Law set forth and message the Road Traffic and Transportation Infonnalion and Communication System supported by the sub system established by each integrated Traffic and Road Transportation. The management of the Road Traffic a~d Transportation Infonnation and Communication System IS made by the Govemment or Regional Govemment by taking into account the legislation, white the Road :ra~c and Transportation Information and Communication System operational is made integratedly through the control and data center.

The prevention ... This ...

194 195

This Law also confirms the One Stop Integrated Administration ensure the smooth Road T ffi adm' I t t' fa Ie and . '~ s ~ Ive service covering the r9jllsl~ration Identification of motorized VehicJe and Driver ~e Payment of Taxes of motorized Vehicle aa~d well ccldent Fund Obligatory Contribution (SWDKLL).

In the frame of advancin th . . transportation this La 9 e bUSiness In public , w also arranges in d t '/ III Operational technical provision 0 th . e ar e Road transportation co ti ~ e requirements of healthily, develop and rpora on. In order it can grow international basis Furth competitively on national and throughout the territories e;;;~re to open t~e remote area ensuring the pioneered R d ~doneSla, this Law remains effort of economic activl"ty ~a ransportatJon service in the Improvement.

I

To ensure the realization on Transportation organizing fulfil/' th Road Traffic and standard, this law arran I 109 e ~fety and security and periodical testing of th~es the .techmcs! requirements of motorized Vehicl motonzed Vehicle. Each type Accident and environ e potentla"r ~using the Traffic periodical testing. ment pollul/on IS subject to the

To fulfill the need of public tra . . also confirm that it Is the r ns~0rt:atlon, thiS law norms to ensure the availability o~~:n:'~lhty of the Government and affordable public transport ti a e, secured, convenient may involve the private : 0"1' and t~e Government thereof. sec or n the Implementation

196

This law also arranges the Traffic Management and Engineering with the objective to optimize the use of Road network and Traffic movement in the frame of ensuring the traffic security, safety, orderliness and smoothness. Such Traffic Management and Engineering covers the activities of planning. arrangement, engineering, empowerment and supeNision. To handle the Traffic Accident. the accident prevention is made through the stakeholders' participation, community empowerment, law enforcement and global partnership. The Traffic prevention is made by the staging pattern namely short, medium and long term program. Besides, the preparation of the accident prevention program is made by the Road Traffic and Transportation forum . Relating to the tasks and authority of the Civilian Government Employee Investigator (PPNS) in Traffic and Road Transportation, this law arranges that in the frame of performing the PPNS tasks and function in order to always coordinate with the Police of State of Republic of Indonesia as the coordinator and supaNisor of PPNS. It is made in order that there will be no overlapping of authority as well as the existence of legal certainty as already arranged by the legislation among others law on Criminal Procedure Law (KUHAP). In this Law, the arrangement and application of criminal sanction are set forth stricter. The minor violation shall be subject to the imprisonment or penalty which is relatively lighter. However, the gross violation and intentional element will be subject to the heavier criminal sanction. It is intended to cause the prevalence effect for those committing violation by not burdening the community.

This ... Besides ... 197

Besides the criminal sanction, this Law also arranges the

administrative sanction imposed to the transportation company in tenns of warning, permit freezing, permit revocation, penalty. The provision on the criminal and

Article 2

Letter a

administrative sanctions is also applied to the Road official or organizer. On the other hand, in the frame of improving

-Transparency principle" shall mean the openness in organizing the Road Traffic and Transportation to the public in obtaining the correct, clear and honest information in order that the community has the opportunity to participate in the and Transportation Road Traffic development.

the Jaw enforcement effectiveness, the reward and punishment system is applied in tenns of incentive granting for the officers having the achievement.

Basically this law is arranged comprehensively and in details. However to complete it operationally. the technical

provision is set forth into the government regulation,

Letter b

"Accountable principle" shall mean the organizing of Road Traffic and Transportation that Is accountable.

regulation of Minister and regulation of Commandeer in Chief of Police of Republic of Indonesia. By the enactment of this Law, Law Number 14 Year 1992 CONCERNING ROAD TRAFFIC AND TRANSPORTATION shall be revoked and declared null

and void. To avoid the legal vacancy, all implemental directives is declared remain valid '30 long it does not in contravention of or is not substituted yet by the new one based on this Law. II.

ARTICLE BY ARTICLE Article 1 Self-explanatory.

Letter c "Sustalnabillty principle" shall mean the ensuring of quality of environment function through the arrangement of vehicle worthiness technical requirements and general plan of Road Traffic and Transportation Network building and development. Letter d · Participative principle" shall mean the arrangement of the community partiCipation in the process of policy and supervision preparation on the implementation of policy, accident handling and reporting of the occurrence related to the Traffic and Road Transportation. Lettere -Benefit principle" shall mean all activities of

Article 2 . "

Road

Traffic

and

Transportation

r)rganizing that may give the largest added value in the frame of realizing the community welfare.

198

Letterf ... 199

Letter f -Efficient and effective principle- shall mean the service in Road Traffic and

Transportation organizing made by each administrator in governmental phase on efficient and effective basis. Letterg

Article 5 Self-explanatory. Article 6 Self-ex~lanatory.

-Equality principle- shall mean the organizing of Road Traffic and Transportation that must be implemented

based on the equality between the facilities and infrastructure as well as the fulfillment of the rights and obligations of the Service Users and organizers.

Article 7 Self-explanatory. Article 8 Self-explanatory.

Letter h "Integrated organizing

ft

princlple shall mean the of Road Traffic and

Transportation service made by giving the priority to the Interdependence of

harmony authority

and and

responsibility of the administrator authority.

Article 9 Self-explanatory. Article 10 Self-explanatory.

Letter I

Mlndependence principle- shall mean the effort to organize the Road Traffic and Transportation through the national resources development and empowennent.

Article 11 Self-explanatory. Article 12 Self-explanatory.

Article 3 Self-explanatory.

Article 13 Paragraph (1) Self-explanatory.

Article 4 Self-explanatory.

Article 5 ...

Paragraph . . .

200

201

Paragraph (2) ~ Road Traffic and Transportation Forum~ shall mean the ad hoc board functioning as the instrument to synergize the main tasks and the function of each authority organizing the Road Traffic and Transportation in the frame of: a. analyzing the problem; b. bridging, finding solution and improving the service quality; and c. not as the law enforcement apparatus. Paragraph (3) Self-explanatory Paragraph (4)

Self-explanatory. Paragraph (5) Self-explanatory. Article 14 Self-explanatory.

Article 19 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) ·Certain condition~ shall mean in the event of the following : a. Traffic reqUlnng the Road Infrastructure shall mean the Traffic with the maximum axle load of lower than 8 (eight) ton; andlor b. Road organizer ;s not able yet to finance the Road Infrastructure procurement for the Traffic with maximum axle load of 8 (eight) ton. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory.

Article 15 Article 20

Self-explanatory.

Self-explanatory. Article 16 Article 21

Self-explanatory.

Self-explanatory. Article 17 Article 22 Self-explanatory.

Self-explanatory. Article 18 Self-explanatory.

Article 23 Article 19 ...

Self-explanatory.

202 Article 24 ...

203

Article 24 Self-explanalory. Article 34 Self-explanatory.

Article 25

Self-explanatory. Article 35 Self-explanalory.

Article 26 Self-explanalory.

Article 36 Self-explanalory.

Article 27

Self-explanatory. Article 37 Self-explanatory.

Article 28 Self-explanalory.

Article 38 Paragraph (1) Self-explanalory. Paragraph (2) -Main facility· shall mean the departure and arrival lines, passenger waiting from, passenger point of embarking and disembarking, vehicle parking lot. information board, terminal controlling

Article 29 Self-explanalory. Article 30

Self-explanatory. Article 31

office and ticket window.

Self-explanalory.

Paragraph (3) Self-explanalory.

Article 32 Self-explanalory. Article 39

Paragraph (1) MTerminal work environment" shall mean the environment relating directly to the Terminal facilities and bordered by the fence.

Article 33 Self-explanalory.

Article 34 ... 204

Paragraph . ..

205

, Paragraph (2) "Terminal organizer" shan mean the technical executing unit of the Regional Government. Paragraph (3)

Self-explanatory.

\

Letter a Self-explanatory . Letterb Self-explanatory.

Letter c "Point of crossing- can be in terms of zebra cross and crossing in

Article 40 Self-explanatory.

terms of bridges or tunnels. Letterd Self-explanatory.

Article 41 Self-explanatory.

Lettere Self-explanatory.

Article 42

Paragraph (2) Self-explanatory.

Self-explanatory. Article 43 Paragraph (1) "Parking for Public" shall mean the place for parking the vehicle with charge. Paragraph (2) Self-explanatory. Paragraph (3)

Article 46 Self-explanatory. Article 47 Paragraph (1) Self-explanatory. Paragraph (2) Letter a Self-explanatory.

Self-explanatory. Paragraph (4) Self-explanatory.

Letter b ·Passenger car" shall mean the Motorized Vehicle to transport the people having the seat of maximum 8 (eight) persons including for Oriver and with weight of not more than 3,500 (three thousand five hundred) kilograms.

Article 44 Self-explanatory. Article 45 Paragraph (1) Letter a ...

206

Letter c ...

207

Letterc ~Bus·

shall mean the Motorized Vehicle to transport the people having the seat of more than B (eight) persons including for Driver or that with weight of more than 3,500 (three thousand five hundred) kilograms.

Lenerd -Cargo car" shall mean the Motorized Vehicle used for goods transportation . Letter e ~Speclal vehicle- shall mean the Motorized Vehicle specially designed to have the certain function and design among others: a. Motorized Vehicle for Indonesian National Army; b. Motorized Vehicle of Police of State of Republic of Indonesia; c. heavy equipment among others bulldozer, tractor, stoomwaltz. forklift, excavator and crane; as well as d. Special vehicle for disable person . Paragraph (3) Self-explanatory . Paragraph (4) Self-explanatory.

Article 48 Paragraph (1) Self-explanatory. Paragraph (2) Letter a The · composition- shall consist of: a. foundation frame; activating motor; b. c. exhaust system; capacity relay system; d. e. wheel system; suspension system; f. wheel instrument system; g. brake system; h. Lamp and light renector I. system consisting of: 1. near main lamp, white or light yellow In color; 2. far main lamp. white or light yellow in color; 3. directing lamp. deep yellow in color with flickering light; 4. brake lamp, red ; 5. front position lamp, white or light yellow; 6. rear position lamp, red; and 7. retreat lamp, white or light yellow;

Article 48 ...

j . supporting . ..

208 209

supporting oonsisting of:

j.

component

1.

speedometer,

2.

rear view mirror;

3.

windshield

except

motorcycle;

4. 5. 6.

hom; vender; and bumper

except

Letter d ·Car body· shall mean the body 01 the vehicle among others mirrors. doors, hinge, seat, space to install the motorized Vehicle number, emergency exit (special for bus), ladder (special lor bus) and pit shield (lor cargo car). Letter e

motorcycle.

-Technical design for vehicle In

Letter b

accordance with the deSignation-

•Accessories· shall consist of:

a.

safety belt;

b. c. d.

spare tire;

e. I.

g.

securing triangle; lifting jack; wheel opener; light re·bouncing helmet or vest for the driver of four or

more wheel Motorized Vehicle not having the casing; and first aid kit for accident.

Letterc ~Size·

shall

mean

the

main

dimension of the Motorized Vehicle

among others length, width. height, front over hang, rear over hang and departure angle.

shall mean the design accordance with the function: a. motorized Vehicle transport person; or motorized Vehicle b. transport goods.

in to to

Letterf -Loading- shall mean the method to load the person andlor goods. Letter g · Use- shall mean the method to use Vehicle in the motorized accordance wit the designation. Letter h "Coupling of motorized Vehicle" shall mean the method to couple the motorized Vehicle using the devices. Letter I "motorized Vehicle sticking" shall mean the method to stick the motorized Vehicle by: a. using the devices;

letter d ...

210

b. using ...

211

b.

c.

using the fifth wheel equipped with the locking instrument; and being equipped with the trestle.

Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 49 Self-explanatory.

Letter b "PermIt from the Govemmenr shall mean the permit from the state ministry being responsible for Road Traffic and Transportation facility and Infrastructure based on the recommendation from the ministry being responsible for industry, and Police of State of Republic of Indonesia.

Letter c Self-explanatory.

Article 50 Article 54 Self-explanatory.

Self-explanatory. Article 51 Self-explanatory.

Article 55 Self-explanatory.

Article 52 Self-explanatory.

Article 56 Self-explanatory.

Article 53 Article 57 Self-explanatory.

Paragraph (1) Self-explanatory. Paragraph (2)

Article 58 MEqulpment that may hamper the traffic safety~ shall mean the installation of equipment, accessories, or other things to the Vehicle that may endanger the traffic safety among others the installation of hom bumper and dazzling lamp.

Self-explanatory. Paragraph (3) Letter a Self-explanatory.

Letter b ...

212 Article 59 ...

213

--- r Article 59 Paragraph (1) WCertain interest" shall mean the Vehicle which due to its nature and function, is provided with the red and blue signaling lamp as the mark of having the main right to the smoothness and the yellow signaling lamp as the mark requiring the special attention from the Road Users for safety. Paragraph (2) Self-explanatory. Paragraph (3) " motorized Vehicle having the main righf shall mean the motorized Vehicle having the priority and given the priority from other Road Users. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Paragraph (7) Self-explanatory. Article 60 Paragraph (1) Self-explanatory. Paragraph (2) WHaving certain quality" shall mean the public service station that is able to conduct the type of work of periodical maintenance, minor repair, major repair as

Paragraph (3) Self-explanatory.

Paragraph (4) Self-explanatory . Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Article 61 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) "Dimension" shall mean the size of load t-ased on length, width and height of box of vehicle fulfilling the safety requirements of other Vehicle, Driver and Road Users.

Weight" shall mean that in accordance with the ability of puller, booster, brake capability, wheel axis bearing capacity according to the Road bearing capacity. Paragraph (4) Self-explanatory. Article 62 Paragraph (1) Self-explanatory.

well as the chassis and body repair. Paragraph .. .

214

Paragraph . ..

215

Paragraph (2)

·Supporting facility" shall mean am others the bicycle' ong specIal line, special crossing facility andlor together with the

Pedestrians.

Article 69 Paragraph (1) ·Certain interest" shall cover:

a.

Article 63 Self-explanatory.

moving the vehicle from the places of the seller, distributor or manufacturer to the certain place to

Article 64 Self-explanatory.

b.

Article 65 Self-explanatory.

c. Article 66 Letter a

d.

Self-explanatory. Letter b

e.

Self-explanatory.

substitute or equip the important component from the relevant Vehicle or to the point of registration of the Motorized Vehicle; move from one place of storage in a factory to the storage place of other factory; trying the new motorized Vehicle before it is sold; trying the motorized Vehicle in trial/research period; or moving the motorized Vehicle from the seller to the buyer place.

Paragraph (2)

Letter c

~~~~~=~~~e~~h~~ru~~::i:' t~:eCkft shall ,mean the

Self-explanatory . Paragraph (3)

Self-explanatory.

document and th . type testing result o er supportIng documents. Article 67

Article 70 Paragraph (1)

Self-explanatory.

Self-explanatory. Article 68

Paragraph (2)

wAnnual ratification~ shall mean the annual supervision to the motorized Vehicle registration and identification as well as growing the adherence of the motorized Vehicle taxpayer.

Self-explanatory.

216

Article 69 Paragraph ...

217

, Paragraph (3) Self-<3xplanatory.

Letter d Self·explanatory.

Article 71 Paragraph (1) Letter a WEvidence of registration is lost or damaged" shall mean the lost or

damage of the BUKTI KEPEMILIKAN KENDARAAN BERMOTOR (CERTIFICATE OF MOTOR VEHICLE OWNERSHIP) • SURAT TANDA NOMOR KENDARAAN BERMOTOR ( MOTORIZED VEHICLE REGISTRATION NUMBER DOCUMENT) andlor Motorized Vehicle Number Certificate. Letter b "Technical specification of Motorized Vehicle is changed" shall mean the change occurred to the technical specification of Motorized Vehicle, among others the change of activating engine, car body change and modification. "Function of Motorized Vehicle is changed" shall mean the occurrence of change of function of the Public Motorized Vehicle to the individual Motorized Vehicle and vice versa.

Letter c "Transferred" shall mean the Motorized Vehicle already sold or granted.

Paragraph (2) Self-explanatory. Paragraph (3) Self-<3xplanatory . Article 72 Self-explanatory. Article 73 Self-explanatory. Article 74 Self-explanatory. Article 75 Self-explanatory. Article 76 Self-explanatory. Article 77 Self-explanatory. Article 78 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory.

Letter d ...

218

Paragraph . ..

219

Paragraph (3) Self-explanatory. Paragraph (4) •Accreditation" shall comprise the institutionalism. instructor, curriculum , vehicle, training and other facilities.

Article 83 Paragraph (1) Self-explanatory . Paragraph (2) Self-explanatory. Paragraph (3) Letter a Self-explanatory.

Article 79

Self-explanatory.

Letter b Figure 1

Article 80

Letter a

~Other certain place" shall

Self-explanatory. Letter b

mean among others shelter, goods distribution center, govemmental center, education center and economic center.

Self-explanatory.

Letter c "Heavy equipment vehicJe~ shall mean among others tractor, stoomwaltz, forklift, loader, excavator, bulldozer and crane.

Figure 2 Self-explanatory. Figure 3 Self-explanatory.

Letterd Self-explanatory. Letter e

Figure 4 Self-explanatory.

Self~eXplanatory.

Figure 5 Article 81

Self-explanatory.

Self-explanatory.

Paragraph (4) Self-explanatory.

Article 82

Paragraph (5) Self-explanatory.

Self-explanatory.

220

Article 83 .. .

Article 85 . ..

221

Article 85 Paragraph (1)

Article 92 Self-explanatory.

·Other Driving License form- shall mean the Driving License which form Is adjusted to the technology advance. Paragraph (2)

Article 93 Self-explanatory.

Self-explanatory. Paragraph (3)

Article 94 Paragraph (1) Letter a Self-explanatory.

Self-explanatory. Paragraph (4)

Self-explanatory. Paragraph (5)

Letterb Self-explanatory.

Self-explanatory.

Letter c Self-explanatory. Letter d Self-explanatory. Lettere Self-explanatory. Letter f Self-explanatory. Letter g Self-explanatory. Letterh ·Service leve'- shall mean the quantitative and qualitative sizes (ratio of volume per capacity) describing the operational condition, such as speed, traveling time, free of movement, security, safety, orderllness and smoothness in Traffic as well as the evaluation of the Driver to the Traffic flow condition.

Article 86 Self-explanatory. Article 87 Self-explanatory. Article 88 Self-explanatory. Article 89 Self-explanatory. Article 90 Self-explanatory. Article 91 Self-explanatory. Article 92 ...

222

Letter i ...

,

223

, LeHer i Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3)

Letter a

Paragraph (5) Self-explanatory. Paragraph (6) • city road" shall mean all Road network situated in the city administrative territory except the national and province roads. I

-Road section geometric repair" shall mean the repair to the form and dime~sjon of road, among

o~hers radiUs, gradient. alignment width and canalization. .

Article 97 Self-explanatory.

Self-explanatory.

Article 98 Self-explanatory.

Letter b Lettare

Self-explanatory. Paragraph (4)

Article 99 Paragraph (1) ·Construction of activity, settlement and infrastructure center" shall mean the new construction, land use change, land use arrangement intensity change andlor building story extension andlor changes of intensity of use, certain land use density the use of certain land among other Terminal, Parking for public outside the Road Own Space, fuel filing station and other public facility. The implementation of traffic impact analysis can be integrated to the environment impact analysis. Paragraph (2)

Self-explanatory. Paragraph (5) Self-explanatory. Article 95 Self-explanatory.

I

Article 96 Paragraph (1)

Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4)

Self-explanatory. Paragraph (3)

Self-explanatory.

Self-explanatory.

224

Paragraph . .. Article 100 ...

225

Article 100 Paragraph (1) Self-explanatory. Paragraph (2) "Related authority in Traffic and Road Transportation- shall mean the authorities responsible for Road, Road Traffic and Transportation facility and Infrastructure as well as Police of State of Republic of Indonesia. Article 101 Self-explanatory.

Paragraph (4) Self-explanatory. Article 104 Paragreph (1 ) ·Certain condition" shall mean the condition where the Traffic does not function for the smooth Traffic caused among other by: a. sudden or situational change of Traffic; b. Traffic signaling tool does not

function; c.

Article 102 Paragraph (1) Self-explanatory. Paragraph (2)

d.

Period of 30 (thirty) days shall mean the period available for giving the information to the Road Users. Paragraph (3) Self-explanatory.

f.

e.

Article 103 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) "Yellow box mark~ shall mean the Road Mark of yellow quadrangle functioning to prohibit the Vehicle stopping in an area ,

the existence of prioritized Road Users; the existence of road work; the existence of natural disaster; and/or the existence of Traffic Accident.

Paragraph (2) Self-explanatory , Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 105 Self-explanatory.

Paragraph . .. Article 106 . ..

226 227

Article 106 Paragraph (1)

-Full concentrated" shall mean any person driving the Motorized Vehicle with full attention and is not disturbed due to sickness, being tired , sleepy, using telephone or watching television or video installed in the Vehicle, or drinking alcoholic drink or drugs thereby affecting the ability in driving the Vehicle. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Letter a Self-explanatory. Letter b Self-explanalory. Letter c Self-explanatury. Letterd ·Other valid evidence item" shall mean the evidence of sequestration substituting the SURAT TANDA NOM OR KENDARAAN ERMOTOR (MOTORIZED VEHICLE NUMBER REGISTRATION DOCUMENT) or Vehicle Trial Certificate, Driving License and periodical testing card .

Paragraph (6) Self-explanatory. Paragraph (7) Self-explanatory. Paragraph (8) Self-explanatory . Paragraph (9) Self-explanalory. Article 107 Paragraph (1) .Certain condition" shall mean the limited sight distance due to darkness, heavy rain, tunnel and fog . Paragraph (2) Self-explanatory. Article 108 Self-explanatory. Article 109 Paragraph (1) Self-explanatory . Paragraph (2) "Certain situation" shall mean if right or the farthest right row is In traffic jam, among other due to the Traffic Accident, the fall down of tree, holed road, inundation, the failure-engine Vehicle, changing direction queue or the Vehicle intending to tum left. Paragraph (3) Self-explanatory.

Paragraph .. .

Article 110 .. .

228 229

Article 110 Self-explanatory.

Letter L ·Certain place possibly endangering" shall be: Pedestrians crossing space or the a. crossing space for the bicycle already determined; Pedestrians special line; b.

Article 111 Self-explanatory. Article 112 Self-explanatory.

c.

d. Article 113 Self-explanatory.

e. f.

Article 114 Self-explanatory.

g.

Article 115 Self-explanatory.

h.

Article 116 Self-explanatory.

curve; over the bridge; the place approaching the one section crossing and intersection; in front of the compound exit and entry way. the place that can conceal the Traffic Signs or Traffic Signaling Tools; near to the fire extinguisher faucet or source of water for fire extinguisher.

Letterc Self-explanatory.

Article 117

Article 119 Paragraph (1) "Signal for stop" can be in terms of equipment electronic or mechanic indicating the signal to stop.

Self-explanatory. Article 118 Letter a Self-explanatory.

Paragraph (2) Self-explanatory. Article 120 Self-explanatory. Letter b ... Article 121 ...

230 231

Article 121 Paragraph (1)

NOther signal" shall mean among others the emergency lamp and flashlight. "Emergency condition" shall mean the Vehicle when in engine-failure, Traffic Accident and tire replacement. Paragraph (2) Self-explanatory. Article 122 Self-explanatory.

b. c. d.

state activity; sport activity; andlor culture activity.

Paragraph (2) Self-explanatory. Paragraph (3) "Personal interest" shall mean among others the wedding party death or other activity. I

Article 128 Self-explanatory.

Article 123 Self-explanatory.

Article 129 Self-explanatory.

Article 124 Self-explanatory.

Article 130 Self-explanatory.

Article 125 "Road network" shall mean one integral network consisting of primary and secondary Road network system interconnected in the hierarchical relation .

Article 131 Paragraph (1) 'Other facmty~ shall mean among others the marked lamps for Pedestrians.

Article 126 Self-explanatory.

Paragraph (2) Self-explanatory.

Article 127

Paragraph (3) Self-explanatory .

Paragraph (1)

"Activity performance outside the function" shall mean among others: a. religious activity;

Article 132 Self-explanatory.

b. state . ..

232

Article 133 . . .

233

Article 133 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) M Traffic control charge" shall mean the fund collected from the Road Users to enter the road section or area already determined. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory.

Letter 9 "Certain interest" shall mean the interest requiring prompt handling among others, Vehicle to handle the bomb threat, vehicle transporting the troops, vehicle to handle the riot. and vehicle to handle the natural disaster. Article 135 Self-explanatory. Article 136 Self-explanatory.

Article 134 Letter a Self-explanatory. Letterb Self-explanatory.

Article 137 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory.

Letter c Self-explanatory. Letterd Self-explanatory. Lettere Self-explanatory. Letterf Self-explanatory.

Paragraph (3) Self-explanatory. Paragraph (4) Letter a Self-explanatory. Letter b Self-explanatory. Letterc WOther interest" shall mean the interest performed to handle the security, social and emergency condition problem due to inability to drive the passenger car or bus. Letter 9 ... Paragraph . ..

234 235

Paragraph (5) Self-explanatory.

Letterc -Inter city transportation in the provine.eshall mean the transportation from one City

Article 138

to other city of inter district/city in one province tied in the trajectory.

Self-explanatory.

Letterd

Article 139

"Urban transportation" shall mean the transportation from one pla~ to other place in rural area tied in the traJectory. The urban area shall be in terms of: city as the autonomous area; a. district area part having the urban b. characteristic; or area being in the part of two or c. more area directly bordered and having the urban characteristic.

Self-explanalory. Article 140 ~Trajectory" shall Motorized Vehicle having the place regular trip, as scheduled or not.

mean the track of Public for the transportation service of origin and destination of well as regular track, both

Article 141

Letter e uRural transportationn shall mean the (ransportation from one place to other place in one district area not connected to the urban transportation trajectory.

Self-explanatory. Article 142 Letter a

"Cross state border transportation" shall mean the transportation from one city to other city passing the state border using the public bus tied in the trajectory. Letter b

-

Article 143 Self-explanatory. Article 143

"Inter city inter province transportation" shall mean the transportation from one city to other city passing the districUcity area passing one province using the public bus tied in the trajectory.

Self-explanatory. Article 144

Self-explanatory.

Letter c ...

Article 145 . . .

236 237

Article 145 Paragraph (1) Self-explanatory. Paragraph (2) "Related authority" shall mean the authority nurturing the Traffic and Road Transportation. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory.

Article 152 Paragraph (1) ~Door to door" shall mean the taxi service from the place of origin to the destination, "Operational territory" shall mean the area of taxi operated based on the permit given. Paragraph (2) Self-explanatory. Paragraph (3) Self.·explanatory .

Article 153 Paragraph (1) "Other interest" shall mean the transportation used for employee and social purpose, among others visiting the family of deceased [person, sport and celebration. Paragraph (2) Self-explanatory.

Article 146 Self-explanatory. Article 147 Self-explanatory. Article 148 Self-explanatory. Article 149 Self-explanatory.

Article 154 Paragraph (1) Self-explanatory. Paragraph (2) "Special mark" shall mean the tourism wording and name of company. Paragraph (3) Self-explanatory.

Article 150 Self-explanatory. Article 151 Self-explanatory.

Article 155 Self-explanatory. Article 152 ... Article 156 . . .

238 239

Article 156 Self-explanatory. Letter d

Article 157

"Feeder transportation shall mean the public transportation with the continued trajectory to the mass transportation trajectory. B

Self-explanatory. Article 158 Paragraph (1)

Article 159

-Road based mass transportation" shall mean a transportation system using the bus .with. special protected row thereby POSSI~ly Improving the mass transporting capacity.

"Urban area" shall mean the megapolitan urban area, metropolitan area and large urban area in accordance with the legislation. Paragraph (2)

Article 160

Letter a MGeneral goods transportation- shall mean the goods transportation in general, namely the non hazardous goods not requiring the special instrument. Letter b

Letter a Self-explanatory. Letter b

"Special row" shall mean the row provided for the road-based mass transportation in accordance with the legislation. Letter c "Not huddled" shall mean the public

transportation trajectory having the sin:ilarity to the mass transportation

trajectory

Self-explanatory.

thereby

causing

the

unsound competition.

·Special goods transportation- shall mean the transportation requiring the goods car specially designed for transporting the goods in terms of bUlk, liquid and gas, container, plants, alive animal and heavy equipment as well as bringing the hazardous goods, among others: a. explosive material; b. compact gas, liquid gas and soluble gas in the certain pressure or temperature; c. flammable liquid; d. flammable solid; e. oxidant producing material; f. poison and the infectious material; g. radioactive goods; h. corrosive goods;

Letter d ...

240 Artlde 161 ...

241

Article 161 Self-explanatory. Article 162 Self-explanatory. Article 163 Self-explanatory. Article 164 Self-explanatory. Article 165 Paragraph (1) .. Multimodal transportation" shall mean the goods transportation using at least 2 (two) different transportation modes based on 1 (one) contract using the Multimodal transportation document of 1 (one) point of goods acceptance by the Multimodal transportation operator to a place already determined for that goods delivery. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 166 Paragraph (1) Self-explanatory.

Paragraph (2) Letter a · Passenger ticket" shall mean the document containing the infonnation at least: number. seat and date of a. issue; name of Passenger and b. name of transporter; place, date and time of c. departure as well as trip destination; number of departure; and d. declaration that the e. transporter is subject to the provision of this Law. Letter b "Luggage identification mark" shall mean the mark containing the information at least: luggage number of a. identification mark; code of departure place and b. destination; and luggage weight. c. Letter c Self-explanatory.

Paragraph (3) Letter a ., MGoods transportation agreement" shall mean the valid payment evidence between the goods transporter and goods dispatcher.

Paragraph . ..

242

Letter b ... 243

Letter b ~Goods loading documenr shall mean the document indicating the type and quantity of goods as well as the place of origin and dispatch destination. The goods transportation with the goods loading document shall not include in the personal goods transportation.

Article 167 Self-explanatory.

Article 171 Self-explanatory. Article 172 Self-explanatory. Article 173 Self-explanatory. Article 174 Self-explanatory.

Article 168 Article 175 Paragraph (1) ·Certain period- shall mean the validity of public transportation organizing permit.

Self-explanatory. Article 169 Self-explanatory.

Paragraph (2) Self-explanatory.

Article 170 Paragraph (1)

MCertain location" shall mean the place of goods transportation supervision conducted efficiently and effectively. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory.

Article 176 Self-explanatory. Article 177 Self-explanatory. Article 178 Self-explanatory. Article 179 Self-explanatory.

Article 171 .. . Article 180 . . .

244

245

Article 180 Self..,xplanatory.

Article 188 Self-explanatory.

Article 181 Self-explanatory.

Article 189 Self-explanatory.

Article 182 Self..,xplanatory.

Article 190 Self..,xplanatory.

Article 183 Self-explanatory.

Article 191 Self-explanatory.

Article 184 Self..,xplanatory.

Article 192 Self-explanatory.

Article 185 Paragraph (1) ~Certa i n trajectory" shall mean the trajectory of the person public passenger transportation which is not financially profitable, including the pioneered

transportation trajectory. Paragraph (2) Self..,xplanatory.

Article 193 Self-explanatory. Article 194 Self-explanatory. Article 195 Paragraph (1) Self-explanatory. Paragraph (2)

Article 186 Self..,xplanatory.

"Collecting additional charges n shall mean the imposition of additional charge outside the cost already agreed by the goods dispatcher or recipient to the Public Transportation Company due to the goods storage cost due to the goods taking delay.

Article 187 Self-explanatory.

Article 188 ...

246

Paragraph . ..

247

Paragraph (3)

Self-explanatory.

f.

Security System Guideline for Public Transportation Company.

Article 196 Self-explanatory.

Letter b Road Traffic and Transportation Security facility and equipment" shall be among others:

Article 197

Self-explanatory.

a. b.

Article 198

c.

Self-€xplanatory.

d.

e.

Article 199

f.

Self-explanatory.

g.

Traffic management center; call center and hotline; closed circuit television; signaling tool for danger; Police station; demonstration tools: panic button.

Letter c

Article 200

"Education and training implementation" shall mean among others:

Paragraph (1) Self-explanatory. Paragraph (2)

Self-explanatory. Paragraph (3)

a.

secure

b.

school; secure and safe way to drive.

Letter a Road Traffic and Transportation Security national program~ shall be among others: W

a. b.

Police is Children's Friend• Safe Way To School;

c. d.

School Security Patrol; Traffic Boy Scout;

e.

Traffic Partnership; and

and

safe

way

to

Letter d Self-explanatory.

Letter e Self-explanatory . Letter f Self-explanatory. Letterg Self-explanatory.

Letter h Self-explanatory. f. Security . ..

248

Article 201 . . .

249

Article 201 Paragraph (1) Self-explanatory.

Letier b "Trallic

Safety facility and shall mean among others the speed monitOring tool and traffic jam monitoring tool. Letter c Self-explanalory. Letter d Self-explanatory. equipment~

Paragraph (2) ~I nforrnation provider tool" shall mean the electronic devices containing the information and communication using signal, radio wave andlor satellite wave to provide the information and communication on the occurrence of criminal act, among others the signal lamp, tracing instrument and global positioning system.

Article 204 Self-explanalory.

Article 202 Self-explanatory.

Article 205 Self-explanatory.

Article 203 Paragraph (1) Self-explanatory. Paragraph (2) Letter a .. Road Traffic and Transportation Safety national program" sha ll mean among others: a. Police Goes To Campus; b. c. d.

Safety Riding; Traffic Board; Traffic Safety Campaign;

e.

Traffic Park; Driving School; Global Road Partnership.

f.

g.

Article 206 Self-explanatory. Article 207 Self-explanatory. Article 208 Self-explanatory. Article 209 Self-explanalory.

Safety

Article 210 Self-explanatory.

Letter b ...

250

Article 211 ...

251

Article 211

Letter b Self-explanatory.

Self-explanatory. Article 212

Letter c -Legal entity" shall mean an entity (association and so forth) which according to law is acknowledged as legal subject to which the legal right and obligation can be attached such as company, foundation and institution.

Self-explanatory. Article 213 Self-explanatory. Article 214

Letterd Self-explanatory.

Self-explanatory.

Letter e Self-explanatory.

Article 215 Self-explanatory.

Paragraph (2) Self-explanatory.

Article 216 Self-explanatory.

Paragraph (3) Self-explanatory.

Article 217 Artele 221 Self-explanatory.

Self-explanatory. Article 218 Self-explanatory.

Article 222 Self-explanatory.

Article 219 Article 223 Self-explanatory.

Self-explanatory. Article 220

Artiele 224 Self-explanatory.

Paragraph (1) Letter a

Self-explanatory. Letter b ...

Article 225 Self-explanatory. Article 226 . . .

252 253

Article 226 Self-explanatory.

Paragraph (3) "Minor injury" shall mean the injury causing the victim suffering from the sickness not

Article 227 Letter a Self-explanatory .

requiring the hospitalization or besides those classified as major injury. Paragraph (4)

Letter b "Helping the victim" shall mean the effort conducted to assist and minimize the burden of sorrow of the victim due to Traffic Accident, among others by giving the first aid in the scene and bringing the victim to the hospital.

"Major injury" shall

Letter c Self-explanatory.

c. d.

Letter d Self-explanatory .

e.

Letter e Self-explanatory.

a.

b.

f. g.

Letterf Self-explanatory. Letterg Self-explanatorJ.

mean the wound

causing the victim:

suffers from sickness or has no hope for recovery at all or causing the death; cannot continuously perform the position tasks or work; loss of one of the sights; suffers from heavy disability or being paralyzed; suffers from the mental disorder for 4 (four) weeks or more. miscarriage; or suffers from wound requiring the hospitalization for more than 30 (thirty) days.

Paragraph (5)

Self-explanatory.

Article 228 Self-explanatory.

Article 230 Self-explanatory.

Article 229 Paragraph (1) Self-explanatory.

Article 231 Paragraph (1)

Self-explanatory.

Paragraph (2) Self-explanatory. Paragraph ...

254

Paragraph ... 255

Paragraph (2) "Force majeure- shall mean the situation in

Letter b

the environment of the accident location that possibly threatening the Driver's safety, especially the riot and the inability

Self-explanatory. Letter c

of the Driver to give help.

Self-explanatory.

Article 232

Article 235

Self-explanatory.

Paragraph (1) Giving assistance in terms of medication expenses shall mean the assistance of expenses provided for the victim, including the medication and treatment based on humanity feeling. Paragraph (2)

Article 233 Self-explanatory. Article 234 Paragraph (1)

Self-explanatory.

"Being responsible" shall mean the accountability adjusted to the error level Article 236

due to negligence. ~ Third party" shall mean:

a.

Self-explanatory.

person being outside the motorized Vehicle; or

b.

Article 237

authority being responsible for Road as well as the Road Traffic and Transportation facility and Infrastructure.

Paragraph (1) Self-explanatory. Paragraph (2) "Vehicle crew" shall mean the Driver, spare driver, conductor, and co driver.

Paragraph (2) Self-explanatory. Paragraph (3) Letter a

Article 238

"Force majeure- shall include the technical condition that is unavoidable by the Driver such as the sudden movement of person

andlor animal.

Self-explanatory. Article 239 Self-explanatory.

Letter b ...

256 Article 240 ...

257

Article 240 Self-explanatory.

Article 245 Paragraph (1) Self-explanatory. Paragraph (2)

Article 241 Self-explanatory. Article 242 Paragraph (1) ~ "Special treatmenF shall mean the giving of easiness in terms of physical and non physical facilities and infrastructure in general as well as information needed by the disabled person, old age person, children, pregnant women and sick person for the equal opportunity. Paragraph (2) Letter a Self-explanatory. Letter b "Service priority" shall mean the priority of giving the special service. Letter c Self-explanatory. Paragraph (3) Self-explanatory. Article 243 Self-explanatory. Article 244 Self-explanatory.

Self-explanatory. Paragraph (3) Letter a "Road infrastructure sector" shall mean among others the information

on: 1. 2. 3.

Road network; Road condition and bridge; Road and bridge service level; complementary building; Road maintenance; and Road construction;

4. 5. 6. Letter b .. Road Traffie and Transportation facility and Infrastructure sector" shall mean among others the information on: 1. transportation network; 2. Terminal; 3. trajectory permit; 4. Road equipments; 5. regulation on instruction and restriction; motorized Vehicle testing; 6. 7. motorized Vehicle weighing tool; and 8. supporting facility.

Article 245 ...

258

letter c .. . 259

Letter c ~Registration and identification sector of motorized Vehicle and Driver, Law Enforcement, Traffic Management and Engineering Operational as well as traffic education" shall mean among others the information on:

Article 246 Self-explanatory.

1.

motorized registration identification;

Article 248 Self-
2.

Traffic accident;

3.

Traffic violation;

4.

Traffic situation condition;

5.

one stop administration;

6.

Police Traffic Management and Engineering; Police traffic operational management;

7.

Vehicle and

and

integrated

8. 9.

traffic education; and service, reporting to and complaint of the community. ~Operat ional management" shall mean the movement management in Road Traffic and Transportation system among others the arrangement, safeguarding, escorting, patrol, control, coordination , communication and infonnation in Traffic and Road Transportation.

Article 247 Self-explanatory.

Article 249 Paragraph (1) Letter a Self-explanatory. Letter b Self-explanatory. Letterc Self-explanatory. Letter d Self-explanatory. Letter e ~Community service center" shall

mean the forum functioning as the information provider and the community communication facility in Traffic and Road Transportation . Letterf Self-explanatory.

Paragraph (2) Self-explanatory. Paragraph (3) Self-
Article 246 ... Article 250 ...

260 261

Article 250 Self-explanatory.

Article 260 Self-explanatory.

Article 251 Self-explanatory.

Article 261 Self-explanatory.

Article 252 Self-explanatory.

Article 262 Self-explanatory.

Article 253 Self-explanatory.

Article 263 Self-explanatory.

Article 254 Self-explanatory.

Article 264 Self-explanatory.

Article 255 Self-explanatory.

Article 265 Paragraph (1) Self-explanatory.

Article 256 Self-explanatory.

Paragraph (2) MPeriodical n shall mean the inspection conducted jointly for the efficiency and effectiveness for non repeated inspection hampering the community. Mlncidentar shall mean including the act of the officer to the violation being caught, implementation of operation of the police with the target of Road Traffic and Transportation Security, Safety Orderliness and Smoothness, as well as violence handling. Paragraph (3) Self-explanatory.

Article 257 Self-explanatory. Article 258 Self-explanatory.

I

Article 259 Self-explanatory.

Article 260 . . . Article 266 ...

262 263

Article 266 Article 269 Self-explanatory.

Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory.

Article 270 Self-<>xplanatory .

Paragraph (3)

"Certain

condition-

shall

mean

the

improvement of among others:

a. b.

Traffic violation and Accident rate on the Road:

criminal rate relating to

Motorized

Vehicle;

c.

d.

"Electronic equipment" shall mean the tool to record the occurrence to save the

worthiness requirements;

information.

in-adherence level of the owner and/or businessmen in the

rate

of

violation

on

public

transportation permit; and/or

f.

Article 272 Paragraph (1)

quantity of Motorized Vehicle not fulfilling the technical and Road

transportation to conduct the testing on Motorized Vehicle at the times;

e.

Article 271 Self-explanatory.

rate

of

violation

on

Paragraph (2) Self-explanatory. Article 273 Self-explanatory.

goods

transportation load surplus . Paragraph (4)

Article 274 Self-<>xplanatory.

Self-explanatory. Article 275 Self-explanatory.

Article 267 Self-explanatory.

Article 276 Self-explanatory.

Article 268 Self-explanatory.

Article 277 Self-<>xplanatory. Article 269 . ..

264

Article 278 ...

265

Article 278 Article 288 Self-explanatory.

Self-explanatory . Article 279 Self-explanatory.

Article 289 Self-explanatory.

Article 280 Self-explanatory.

Article 290 Self-explanatory.

Article 281 Self-explanatory.

Article 291 Self-explanatory.

Article 282 Self-explanatory.

Article 292 Self-explanatory.

Article 283 Self-explanatory.

Article 293 Self-explanatory.

Article 284 Self-explanatory.

Article 294

Article 285 Self-explanatory.

Article 295

Article 286 Self-explanatory.

Article 296

Artcle 287

Article 297 Self-explanatory.

Self-explanatory.

Self-explanatory.

Self-explanatory.

Self-explanatory.

Article 298 Article 288 ...

Self-explanatory. Article 299 ...

266 267

Article 299

Self-explanatory.

Article 310 Self-explanatory.

Article 300 Self-explanatory.

Article 311 Self-explanatory.

Article 301 Self-explanatory.

Article 312 Self-explanatory.

Article 302

Self-explanatory.

Article 313 Self-explanatory.

Article 303 Self-explanatory.

Article 314 Self-explanatory.

Article 304 Self-explanatory.

Article 315 Self-explanatory.

Article 305 Self-explanatory.

Article 316 Self-explanatory.

Article 306 Self-explanatory.

Article 317 Self-explanatory.

Article 307

Self-explanatory.

Article 318 Self-explanatory.

Article 308 Self-explanatory.

Article 319 Self-ex;:>lanatory.

Article 309

Self-explanatory. Article 310 . .. 268

1

Article 320 Self-explanatory. Article 321 ...

269

Article 321 Self-explanatory . Article 322 Self-explanatory. Article 323 Self-explanatory. Article 324 Self-explanatory. Article 325 Self-explanatory. Article 326 Self-explanatory.

SUPPLEMENT TO THE STATE GAZETIE OF THE REPUBLIC OF INDONESIA NUMBER 5025

I, Rahml Yunari All, 55, an authorized and sworn translator, by virtue of Decision of Govemor of DKI Jakarta No. 223812004 , do hereby declare that on

this day Tuesday, May 18, 2010, I make the translation of this document in

accordance with the Indonesian version thereof.

270